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DIAMOND CLUB v. INSURANCE CO. OF NORTH AMERICA

No. 91-3277.

984 F.2d 746 (1993)

DIAMOND CLUB, doing business as Yesterday's; Jennie Krynzel, Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Michael L. Tucker (briefed), Hall, Tucker & Fullenkamp, Dwight D. Brannon, Brannon, Gianuglou, Dankof & Caras, Dayton, OH, for plaintiffs-appellants.

Marvin L. Karp (briefed), Ulmer & Berne, Cleveland, OH, Robert P. Bartlett, Jr. (briefed), Coolidge, Wall, Womsley & Lombard, Dayton, OH, for defendant-appellee.

Before: MILBURN and NELSON, Circuit Judges; and HOOD, District Judge.

ORDER

This appeal turns on a question of Ohio law. Finding no controlling Ohio precedent, we certified the state law question to the Supreme Court of Ohio pursuant to Rule XVI of the Supreme Court's Rules of Practice.

Because he had already addressed the state law question in a brief filed in our court, and acting on oral advice received from someone in the office of the Clerk of the Ohio Supreme Court, the lawyer for the appellants concluded — erroneously...

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