Lang v. Federated Department Stores, Inc.

On Motion for Rehearing.

On motion for rehearing both parties correctly point out that plaintiff did not pursue and thus abandoned her appeal from the trial court’s grant of summary judgment as to her cause of action based upon the breach of an implied warranty. Therefore, even though the opinion of this court does contain some passing reference to implied warranties, the judgment rendered in this case cannot be applied so as to resurrect the cause of action as it relates to an alleged breach of implied warranty.

Motion for rehearing denied.