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MILLS v. GIANT OF MARYLAND, LLC

No. 06-7148.

508 F.3d 11 (2007)

Milton MILLS, M.D., et al., Appellants v. GIANT OF MARYLAND, LLC, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 2007.

Attorney(s) appearing for the Case

Daniel Kinburn argued the cause for appellants. With him on the briefs were Bernard J. DiMuro and John M. Tran.

Steven J. Rosenbaum argued the cause and filed the brief for appellees.

Geoffrey S. Gavett filed a notice adopting the brief of appellees on behalf of Cloverland Farms Dairy, Inc.

Before: GARLAND and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

In this case, a group of lactose-intolerant individuals filed an unusual class-action lawsuit against nine sellers of milk. The plaintiffs allege that they consumed milk before they were aware of their lactose intolerance and, as a result, suffered temporary gas and stomach discomfort. According to plaintiffs, the milk sellers should have put warnings on the labels, informing...

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