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Select Comfort Moldy Bed Action Falls Flat

Law360 (June 9, 2009, 12:00 AM EDT) -- A federal judge has dismissed a proposed class action against Select Comfort Retail Corp., Bed Bath & Beyond Inc. and the Sleep Train Inc. over moldy Sleep Number beds, giving the plaintiffs room to refile some of the claims.

Judge Jeremy Fogel of the U.S. District Court for the Northern District of California on Friday dismissed the complaint and struck the class allegations, finding that many of the claims failed to meet pleading requirements.

The plaintiffs, all of whom claim their Sleep Number beds are defective,...
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