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NEWKIRK v. CONAGRA FOODS INC.

No. 10-35643.

LARRY I. NEWKIRK; RUTH A. NEWKIRK, Plaintiffs-Appellants, v. CONAGRA FOODS INC., a Delaware corporation; CHR HANSEN INC., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2011.

NOT FOR PUBLICATION

MEMORANDUM*

Larry Newkirk appeals the district court's order excluding his proffered expert testimony and granting summary judgment to defendants ConAgra and Chr. Hansen. We affirm.

Under Daubert v. Merrell Dow Pharmamaceuticals, Inc., 509 U.S. 579, 597 (1993), the district judge has a "gatekeeping role" and must exclude expert scientific testimony that...

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