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FITZGERALD v. ADVANCED SPINE FIXATIONS SYSTEMS

No. 97-50563.

143 F.3d 935 (1998)

Ken FITZGERALD, doing business as Performance Orthapaedics, Plaintiff-Appellant, v. ADVANCED SPINE FIXATIONS SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 11, 1998.

Attorney(s) appearing for the Case

Mark C. Walker, El Paso, TX, for Plaintiff-Appellant.

Matthew Robert Muth, Houston, TX, for Defendant-Appellee.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

PER CURIAM:

This case involves an important question of state law which the Texas courts have not as yet resolved. We therefore have determined that our proper course, in this diversity jurisdiction case in which we are to apply the law of the State of Texas, is to certify the central question in this matter to the Supreme Court of Texas.

CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO THE...

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