Moore v. King County Fire Protection District No. 26

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 4, 2009
• Docket: 06-35948
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

KERRY MOORE; KELLIE MOORE, and  No. 06-35948 the marital community thereof, D.C. No. Plaintiffs-Appellants, CV-05-00442-JLR v. Western District of KING COUNTY FIRE PROTECTION Washington, Seattle DISTRICT NO. 26; JAMES D. POLHAMUS; DAVID LAWRENCE;  ORDER WITHDRAWING JERRY HARRIS; GARY BOLLINGER, QUESTION Defendants-Appellees. 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 ques- tion 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 The certified question is withdrawn, this court will resume control over this appeal, and the case is re-submitted for deci- sion as of the date this order is filed.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.