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RITE AID CORP. v. LEVY-GRAY

No. 0133, September Term, 2004.

876 A.2d 115 (2005)

162 Md. App. 673

RITE AID CORPORATION v. Ellen R. LEVY-GRAY.

Court of Special Appeals of Maryland.

Order Denying Reconsideration June 30, 2005.

Attorney(s) appearing for the Case

Eric Lasker (Spriggs & Hollingsworth, on the brief), Washington, DC, James Rothschild (Michael J. Carlson, Anderson, Coe & King, L.L.P., on the brief), Baltimore, MD, for Appellant.

Craig Franco (Odin, Feldman & Pittleman, P.C., on the brief), Fairfax, VA, Loyd Byron Hopkins, Fredrick, MD, for Appellee.

Panel: MURPHY, C.J., KENNEY, LAWRENCE F. RODOWSKY (retired, specially assigned), JJ.

LAWRENCE F. RODOWSKY, Judge (retired, specially assigned).

The principal issue here is whether, under the circumstances of this case, the appellant and cross-appellee, Rite Aid Corporation (Rite Aid), made an express warranty when it sold the prescription drug, doxycycline, to the appellee and cross-appellant, Ellen R. Levy-Gray (Ms. Levy-Gray or Plaintiff). A jury in the Circuit Court for Baltimore County, finding the elements of an action for breach of express warranty...

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