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Nestle Purina PetCare Co., a unit of Nestle SA (NESN), lost a bid to dismiss a lawsuit by dog owners who alleged their pets got sick or died from eating Chinese-made Waggin' Train chicken jerky treats.

U.S. District Judge Robert Gettleman in Chicago today refused to toss out the case, saying the plaintiffs provided sufficient facts to make a plausible claim the treats were defective.

The judge threw out some claims because they were preempted by product liability statutes of the plaintiffs' home states.

Keith Schopp, a spokesman for Nestle Purina, didn't immediately respond to phone and e-mail messages after regular regular business hours seeking comment on the ruling.

The case is Adkins v. Nestle Purina PetCare Co., 12-cv-02871, U.S. District Court, Northern District of Illinois (Chicago).

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