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S.M. v. J.K.

Nos. 99-16184, 99-16960.

315 F.3d 1058 (2001)

S.M., Plaintiff-Appellee-Cross-Appellant, v. J.K., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2001.

Amended January 14, 2003.

Attorney(s) appearing for the Case

Gary M. Levitt, David C. Schutter & Associates, Honolulu, HI, for plaintiff-appellee-cross-appellant.

Richard E. Wilson, Simons & Ichinose, Honolulu, HI, for the plaintiff-appellee-cross-appellant.

Arthur B. Reinwald, Dennis E.W. O'Connor, Michael J. McGuigan, and Jason M. Tani, Reinwald, O'Connor & Marrack, Honolulu, HI, for the defendant-appellant-cross-appellee.

Before: B. FLETCHER, CANBY, and PAEZ, Circuit Judges.

Prior report: 262 F.3d 914

ORDER

The Court sua sponte recalls the mandate issued on October 23, 2001.

The opinion filed August 27, 2001, is hereby amended by deleting the following sentence from footnote 7: "We decline to adopt the [United States v.] Scholl, [959 F.Supp. 1189 (D.Ariz.1997)] district court's reasoning now, as it is contrary to Daubert's...

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