DAVE D. PROBERT and JACKLYN O. PROBERT v. the Clorox Company

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

2009-1542

DAVE D. PROBERT and JACKLYN O. PROBERT,
Plaintiffs-Appellants,
V.
THE CLOROX COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Utah
in case no. 07-CV-139, Judge Dee Benson.

ON MOTION

ORDER

The parties move jointly to dismiss this appeal."

Upon consideration thereof,
IT IS ORDERED THAT:

(1)
The motion is granted.

(2)
Each side shall bear its own costs.

FOR THE COURT

SEP 2 9 2009

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc:

Todd E. Zenger, Esq.

Clinton Earl Duke, Esq.

s17

PILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT

SEP 2 9 2009

ISSUED AS A MANDATE:

SEP 2 9 2009
JAN HORBALY
CLERK

\*
The parties request that this dismissal be with prejudice; however, it is not
the practice of this court to dismiss with or without prejudice.