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RILEY v. BROWN & ROOT, INC.

No. 86-1935.

896 F.2d 474 (1990)

Ronna RILEY, personal representative of Ira Bob Harry Riley, Deceased, Plaintiff-Appellant, v. BROWN & ROOT, INC., a corporation; Stebbins Engineering and Manufacturing Company, a corporation; Defendants, and Rust Engineering Company, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 26, 1990.

Attorney(s) appearing for the Case

Ed Abel, Abel, Musser, Sokolosky & Clark, Oklahoma City, Okl. (Lynn B. Mares, Abel, Musser, Sokolosky & Clark, Oklahoma City, Okl., was also on the brief), for plaintiff-appellant.

Page Dobson, Holloway, Dobson, Hudson and Bachman, Oklahoma City, Okl. (Terry A. Hall, Holloway, Dobson, Hudson and Bachman, Oklahoma City, Okl., was also on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, TIMBERS and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

In this diversity action, plaintiff appeals an order granting defendant Rust Engineering Company's motion for summary judgment, and denying her request to certify a question of state law to the Oklahoma Supreme Court. We vacate the district court's judgment and remand for further consideration in light of an intervening state court opinion.

I. Procedural and Factual Background

Plaintiff, as the personal representative of Ira...

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