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KIDNEY BY KIDNEY v. KOLMAR LABORATORIES, INC.

No. 1435, Docket 86-7194.

808 F.2d 955 (1987)

William F. KIDNEY, Jr., an infant by his Father and Natural Guardian William F. KIDNEY, and William F. Kidney, Individually, Plaintiffs-Appellees, v. KOLMAR LABORATORIES, INC., Defendant-Appellant, and Orange County Department of Social Services, Appellee, Orange and Rockland Utilities, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Submitted After Certification November 28, 1986.

Decided January 5, 1987.

Attorney(s) appearing for the Case

Jeffrey J. Ellis, New York City (Quirk and Bakalor, New York City, on the brief), for defendant-appellant.

James G. Sweeney, Co. Atty., Goshen, N.Y., for plaintiffs-appellees.

Before NEWMAN, PIERCE, and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal represents the inaugural use of a valuable device for cooperation among the federal and state courts within this Circuit — certification by this Court of a question of state law to the highest court of the relevant State. New York and Connecticut have recently adopted the certification procedure. See N.Y. Rules of Court § 500.17 (N.Y.Ct.App.) (McKinney rev. ed. 1986); 1985 Conn. Acts III § 1 et seq...

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