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IN RE BEN E. KEITH CO., INC.

No. 2-06-071-CV.

198 S.W.3d 844 (2006)

In re BEN E. KEITH COMPANY, INC., Relator.

Court of Appeals of Texas, Fort Worth.

August 3, 2006.

Attorney(s) appearing for the Case

Robert McGrath, Fort Worth, pro se.

Thompson, Coe, Cousins & Irons, L.L.P., Randy A. Nelson, Jennifer D. Aufricht, and John Sepehri, Dallas, TX, and Wade C. Crosoe, Austin, TX, for relator.

Law Offices of Windle Turley, P.C. and Lori A. Watson, Dallas, TX, for real parties in interest Wanda Nubine and John Johnson.

Charles M. Noteboom, Hurst, TX, for real parties in interest Sam Jones, Jr., Mark Jones, Donald Jones, David Johnson, Helen Johnson, Lakiena Baker, individually and as next friend of Essence Hemingway, and Minnie Booker.

Burt Barr & Associates, L.L.P. and L. Darlene Mitchell, Dallas, TX, for real party in interest First Original Texas Chili Co.

R. Wayne Gordon, Dallas, TX, for real party in interest Town Talk Foods, Inc.

Puls, Taylor & Woodson, L.L.P., Amanda Bell Patty and W. Kelly Puls, Fort Worth, TX, for real parties in interest Cheryl Lynne White and Marcus Andre Brown.

PANEL A: CAYCE, C.J.; WALKER and McCOY, JJ.

OPINION

BOB McCOY, Justice.

Underlying this original proceeding are multiple consolidated lawsuits arising from the sale of spoiled chili. Thirteen plaintiffs, who all allegedly suffered food poisoning after eating the spoiled chili, sued the chili manufacturer (real party in interest First Original Texas Chili Co.), distributor (relator Ben E. Keith), and salvage grocer (real party in interest Town Talk Foods, Inc.). Texas Chili and Town Talk have each...

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