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JAMES CARTER, on Behalf of Himself and All Others Similarly Situated, Appellant, v. FRITO-LAY, INC., Respondent.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 74 A.D.2d 550). Question certified answered in the affirmative.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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CARTER v. FRITO-LAY, INC
(Feb 17, 1981)