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Falde v. Bush Brothers & Company9/25/2001
rden of proof is diminished because the evidence is destroyed by the very defect. However, Holkestad applies here as well. The fact that the beans were unavailable was due to the nature of the case. In cases of allegedly tainted food, the unavailability of the food product is to be expected. It does not matter whether Falde ate all of the beans, or that she threw away the beans after they allegedly burned her.
Reversed.
Dated: September 19, 2001
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