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CORTEZ, Colo.—Wal-Mart Stores Inc. has asked a judge for a summary judgment in its favor in a lawsuit filed by a Colorado man who claims he got salmonella from jalapeno peppers purchased at a Cortez Supercenter.

Brian Grubbs of Dolores filed the suit in Montezuma County District Court in September, blaming peppers his family purchased from Wal-Mart in June.

Attorneys for Bentonville, Ark.-based Wal-Mart filed a motion last month saying Grubbs’ attorneys have produced no evidence that the store is liable.

The judge hasn’t ruled on Wal-Mart’s request for a summary judgment.

Grubbs’ suit seeks unspecified damages from Wal-Mart and an unknown company that supplied the jalapenos to the store.

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Information from: Cortez Journal,

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