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Fernandez v. Char-Li-Jon Inc.9/21/1994
trict court's dismissal of the negligence and strict liability claims is affirmed. The district court, however, erred in dismissing Plaintiff's warranty claims. The Plaintiff's warranty claims clearly derived from a sale of "drink to be consumed either on the premises or elsewhere," so the UCC limitation period for sales, four years under Section 55-2-725, applies.
The district court is directed to reinstate the warranty counts of Plaintiff's complaint.
IT IS SO ORDERED.
BRUCE D. BLACK, Judge
WE CONCUR:
PAMELA B. MINZNER, Chief Judge
HARRIS L HARTZ, Judge
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