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REAGAN v. BROCK

No. 79-1641.

628 F.2d 721 (1980)

Deborah REAGAN, Plaintiff, Appellant, v. Alice BROCK, d/b/a Alice's At Avaloch and Avro Properties, Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 21, 1980.

Attorney(s) appearing for the Case

Kathleen Sullivan, Boston, Mass., with whom Andrew C. Meyer, Boston, Mass., was on brief, for plaintiff, appellant.

Francis Leone, Boston, Mass., with whom Jacob J. Locke and Ficksman & Conley, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DAVIS, Judge, U. S. Court of Claims.

COFFIN, Chief Judge.

Plaintiff brought an action in the United States District Court for the District of Massachusetts alleging that defendant's restaurant negligently and in breach of the warranty of merchantability served her unfit food and thereby caused her to become seriously ill. At the close of the evidence, the court directed a verdict for defendant on the negligence court. The jury found that defendant did not breach any warranty by serving plaintiff contaminated...

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