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GENTRY v. HERSHEY CO.

Case No. 2:08-0123.

687 F.Supp.2d 711 (2010)

Kim GENTRY, Plaintiff, v. The HERSHEY COMPANY, Liberty Distribution, LLC, and Petco Animal Supplies, Inc., Defendants.

United States District Court, M.D. Tennessee, Northeastern Division.

February 3, 2010.

Attorney(s) appearing for the Case

William F. Roberson, Jr., Cookeville, TN, for Plaintiff.

Charlnette A. Richard, Eric Todd Presnell, Miller & Martin, PLLC, Nashville, TN, James C. Wright, Butler, Vines & Babb, P.L.L.C., Knoxville, TN, Lori J. Keen, R. Scott McCullough, McNabb, Bragorgos & Burgess, PLLC, Memphis, TN, for Defendants.

MEMORANDUM

ROBERT L. ECHOLS, District Judge.

While shopping at a Petco Store in Cookeville, Tennessee, Plaintiff Kim Gentry (Plaintiff or "Ms. Gentry") picked up a York Peppermint Pattie which was on display for sale, bit into it, and discovered that it was infested with insect larvae. Subsequently, she filed suit in the Putnam Circuit Court against the retailer, Defendant Petco Animal Supplies, Inc. ("Petco"), the manufacturer, Defendant The Hershey...

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