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ERIE, Pa. — A black Ohio man claims in a federal discrimination lawsuit that a northwestern Pennsylvania Burger King worker spat on his food while another worker tried to obscure the man’s view of the incident.

A spokeswoman from Burger King’s Miami headquarters did not immediately respond to questions about the lawsuit filed Tuesday in U.S. District Court in Erie.

Glenn Goodwin, of Cleveland, claims the incident took place in November 2008 at a Burger King in Fairview, about 10 miles southwest of Erie.

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The lawsuit contends police investigated and discovered saliva in Goodwin’s food, but his attorney, Jeff Yelsky, wouldn’t say if criminal charges resulted.

Yelsky says the Burger King workers, who are not identified in the lawsuit, were white.

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