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MORRIS v. NUTRI/SYSTEM, INC.

Civ. A. No. 91-115.

774 F.Supp. 889 (1991)

Phyllis MORRIS, Shelley Simpson, Elaine Henry, Debra Davis, Plaintiffs, v. NUTRI/SYSTEM, INC., Defendant.

United States District Court, D. Vermont.

August 28, 1991.

Attorney(s) appearing for the Case

Robert E. Manchester, Manchester Law Offices, Burlington, Vt., for plaintiffs.

Robert H. Erdmann, Dinse, Erdmann & Clapp, Burlington, Vt., for defendant.

OPINION AND ORDER

PARKER, District Judge.

Nutri/System, Inc., moves to dismiss Counts II and III of plaintiffs' Amended Complaint, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state claims of breach of implied and express warranties. For the reasons discussed herein, this court agrees with defendant and DISMISSES Counts II and III of plaintiffs' Amended Complaint.

I. BACKGROUND

Plaintiffs are residents of Vermont who have participated...

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