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CLARK v. PANGAN

No. 981694.

998 P.2d 268 (2000)

2000 UT 37

Ronald Lynn CLARK, Plaintiff and Appellant, v. Jose R. PANGAN, Defendant and Appellee.

Supreme Court of Utah.

April 7, 2000.

Attorney(s) appearing for the Case

Samuel D. McVey, Salt Lake City, for plaintiff.

Paul Warner, Stephen J. Sorenson, Melinda M. Varszegi, Salt Lake City, for defendant.

RUSSON, Associate Chief Justice:

¶ 1 This case is before us on certification from the United States District Court for the District of Utah Central Division. The federal court has asked this court to rule on the following two questions of Utah law:

As a matter of Utah state law is it possible for the intentional tort of battery to be within the scope of a person's employment, and if it is possible for battery to be within the scope of one's employment...

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