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PINO v. U.S.

No. 06-7108.

507 F.3d 1233 (2007)

Michael PINO and Amy Pino, as parents of deceased Nevin Michael PINO, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 29, 2007.

Attorney(s) appearing for the Case

Steven T. Horton (Brent Neighbors with him on the brief) of Horton & Neighbors, P.C., Oklahoma City, OK, for Plaintiffs-Appellants.

Jeanette Windsor, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with her on the brief), Muskogee, OK, for Defendant-Appellee.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

CERTIFICATION OF QUESTION OF STATE LAW

NEIL M. GORSUCH, Circuit Judge.

Michael and Amy Pino ask this court to certify to the Oklahoma Supreme Court the question whether a cause of action existed for the wrongful death of a nonviable stillborn fetus as of September 1-2, 2003. We agree that the resolution of this question may well determine the outcome of the Pinos' suit, and that it is a novel and unsettled matter...

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