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CLEMENS v. DAIMLERCHRYSLER CORP.

No. 06-56410.

530 F.3d 852 (2008)

Keith CLEMENS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. DAIMLERCHRYSLER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2008.

Attorney(s) appearing for the Case

John F. Edgar, Kansas City, MO, for the plaintiff-appellant.

Frederick D. Baker, Sedgwick, Detert, Moran & Arnold, LLP, San Francisco, CA, for the defendant-appellee.

Before: WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and ROGER L. HUNT, District Judge.

CANBY, Circuit Judge:

Keith Clemens1 brought this class action against Daimler Corporation alleging that DaimlerChrysler breached express and implied warranties and committed fraud in the sale of Dodge Neon cars containing defective head gaskets from 1995 to 1998. The district court granted DaimlerChrysler's Rule 12(b)(6) motion to dismiss the warranty claims. It also granted DaimlerChrysler's motion for summary judgment on the fraud claims...

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