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Man seriously ill with botulism

ALBUQUERQUE — A New Mexico man is paralyzed with botulism poisoning and state health officials said yesterday they are trying to determine whether he ate canned food involved in a nationwide recall.

Castleberry’s Food Co. has recalled more than 90 potentially contaminated products nationwide — including canned chili, hash and stew — over fears of botulism contamination. The recall includes two years’ production — tens of millions of cans — from the company’s plant at Augusta, Ga.

The 52-year-old man from New Mexico’s Sandoval County, whose name was not released, was hospitalized July 26 and is in serious condition, able to only wiggle his toes, state health officials said.

“We can communicate with him only by him basically moving his toes,” said Deborah Busemeyer, New Mexico Department of Health spokeswoman.

OHIO

Court strikes down new governor’s veto

COLUMBUS — Ohio’s highest court yesterday struck down Gov. Ted Strickland’s veto of a bill on his first day in office, saying his action came two days past the deadline.

In a 5-2 decision, the state Supreme Court ordered Secretary of State Jennifer Brunner to move forward with the bill, which prohibited lawsuits over lead paint.

The measure had been passed by the Republican-controlled Legislature and former Gov. Bob Taft chose to let it become law without his signature. However, on Jan. 8, the day Mr. Strickland, a Democrat, took office, he had Miss Brunner return the bill to his office and he vetoed it.

Lawmakers sued, arguing that the veto violated procedures laid out in the Ohio Constitution.

The legislation says paint manufacturers can’t be sued under public nuisance laws. Mr. Strickland vetoed the bill because he felt it stripped consumers of the right to seek damages from the companies, his spokesman said.

From wire dispatches and staff reports