Moore, et al v. King County Fire Pro, et al

Filing 920090304


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KERRY MOORE; KELLIE MOORE, and the marital community thereof, Plaintiffs-Appellants, v. KING COUNTY FIRE PROTECTION DISTRICT NO. 26; JAMES D. POLHAMUS; DAVID LAWRENCE; JERRY HARRIS; GARY BOLLINGER, Defendants-Appellees. No. 06-35948 D.C. No. CV-05-00442-JLR Western District of Washington, Seattle ORDER WITHDRAWING QUESTION PREVIOUSLY CERTIFIED TO THE WASHINGTON SUPREME COURT Filed March 4, 2009 Before: Kim McLane Wardlaw, Richard R. Clifton and N. Randy Smith, Circuit Judges. ORDER By order entered September 24, 2008, we certified a question to the Washington Supreme Court. Appellants have advised us that the Washington Supreme Court has since filed an opinion in another case, Hale v. Wellpinit School District No. 49, 198 P.3d 1021 (Wash. 2009), that provides the answer to the question we certified. Based on that opinion, Appellants moved for withdrawal of the certified question and for this court to resume control and jurisdiction over the appeal. Appellees oppose that motion. After consultation with the Washington Supreme Court, the motion is GRANTED. 2699 2700 MOORE v. KING COUNTY FIRE PROTECTION DIST. The certified question is withdrawn, this court will resume control over this appeal, and the case is re-submitted for decision as of the date this order is filed. A copy of this order will be sent by the Clerk of this court to the Clerk of the Washington Supreme Court. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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