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RINK v. CHEMINOVA, INC.

No. 04-10160.

400 F.3d 1286 (2005)

Kathryn RINK, et al., Plaintiffs, Barbara McFarland, individually and on behalf of all persons similarly situated in the State of Florida, Gino Gavoni, Sr., Lisa Gavoni, both individually and as parents, natural guardians and next of friend of Victoria Gavoni and Gino Gavoni, Jr., both minors, and on behalf of all persons similarly situated in the State of Florida, Michael Anolfo, individually and as parent, natural guardian and next friend of Courtney Anolfo, a minor, and on behalf of all persons similarly situated in the State of Florida, Angelina Des Austelles, individually and on behalf of all persons similarly situated in the State of Florida, Mark Knierim, individually and on behalf of all persons similarly situated in the State of Florida, Plaintiffs-Appellants, v. CHEMINOVA, INC., Cheminova A/S, Successor to Cheminova Argo A/S, Auriga Industries A/S, Successor to Cheminova Holding A/S, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 24, 2005.

Attorney(s) appearing for the Case

Kevin E. Huddell, Gladstone N. Jones, III, Jones, Verras & Freiberg, LLC, New Orleans, LA, Spiro John Verras, Jones, Verras & Freiberg, LLC, Tampa, FL, John G. Crabtree, John G. Crabtree, P.A., Key Biscayne, FL, for Plaintiffs-Appellants.

Christopher G. Kelly, Holland & Knight, LLP, New York City, Stacy D. Blank, Holland & Knight, LLP, Joseph H. Varner, III, Knopik Varner Moore, Tampa, FL, for Defendants-Appellees.

Before BIRCH, BARKETT and COX, Circuit Judges.

BIRCH, Circuit Judge:

This appeal arises from the products liability and toxic trespass claims of nine individuals who allege they were exposed to a virulent substance used as a pesticide in Florida. The district court granted summary judgment to the manufacturer of the substance and its related entities following the court's exclusion of expert testimony under the principles of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579

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