NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DAVID D. PROBERT and JACKLYN O. PROBERT, Plaintiffs-Appellants,

v.

THE CLOROX COMPANY, INC., Defendant-Appellee. ____________________

2010-1298 ______________________

Appeal from the United States District Court for the District of Utah in No. 07-CV-0139, Judge Dee V. Benson. ______________________

JUDGMENT ______________________

TODD E. ZENGER, Kirton & McConkie, of Salt Lake City, Utah, argued for plaintiffs-appellants.

DAVID R, WRIGHT, Workman Nydegger, of Salt Lake City, Utah, argued for defendant-appellee. With him on the brief were DAVID R. TODD and CLINTON E. DUKE. ______________________

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (GAJARSA, PROST, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 9, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk