Mary Lickteig v. Robert Kolar, Jr.

Filing

OPINION FILED - THE COURT: JAMES B. LOKEN, DAVID M. EBEL and RAYMOND C. CLEVENGER, III. David M. Ebel, Authoring Judge (UNPUBLISHED) [3671678] [08-2949]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________

No. 08-2949
___________
Mary Lickteig,

*
*
Plaintiff/Appellant,
*
* Appeal from the United States
v.
* District Court for the
* District of Minnesota.
Robert Kolar, Jr.,
*
*
[UNPUBLISHED]
Defendant/Appellee.
*
*
___________
Submitted: May 14, 2009
Filed: June 7, 2010
___________
Before LOKEN, Chief Judge, EBEL * and CLEVENGER **, Circuit Judges.
___________
EBEL, Circuit Judge.
On September 17, 2009, this Court issued an "Order for Certification of
Questions of State Law," Lickteig v. Kolar, Jr., No. 08-2949 (8th Cir. Sept.
*

The Honorable David M. Ebel, United States Circuit Judge for the
Tenth Circuit Court of Appeals, sitting by designation.
**

The Honorable Raymond C. Clevenger III, United States Circuit
Judge for the Federal Circuit Court of Appeals, sitting by designation.

Appellate Case: 08-2949

Page: 1

Date Filed: 06/07/2010 Entry ID: 3671678

17, 2009) to the Supreme Court of the State of Minnesota certifying three
questions of Minnesota state law to that Court. On May 27, 2010, the
Minnesota Supreme Court issued an opinion answering those three questions.
Lickteig v. Kolar, ----N.W.2d----, 2010 WL 2103997 (Minn. 2010).
On the basis of the answers provided by the Minnesota Supreme Court
in this matter, the district court order this case is REVERSED and this matter
is REMANDED to the U.S. District Court for the District of Minnesota for
further proceedings consistent with our Order of Certification and the Supreme
Court's opinion answering the certified questions presented to it.

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Appellate Case: 08-2949

Page: 2

Date Filed: 06/07/2010 Entry ID: 3671678