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BERG v. POPHAM

No. S-10815.

113 P.3d 604 (2005)

David BERG and Marge Berg, Appellants, v. David and Tsukiko POPHAM, d/b/a Alladin Cleaners, and Norge Corporation, and its successors in interest Magic Chef Corporation, Maytag Corporation, ABC Inc., ABC Co., and ABC Corp., Appellees.

Supreme Court of Alaska.

May 20, 2005.

Attorney(s) appearing for the Case

Michael W. Flanigan, Walther & Flanigan, Anchorage, for Appellants.

Joseph R.D. Loescher, Hughes Thorsness Powell, Anchorage, and I. Franklin Hunsaker and Christopher Angius, Bullivant Houser Bailey, Portland, Oregon, for Appellees.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

The Ninth Circuit has certified the following two questions to this court:

1. Alaska Statute section 46.03.822(a)(4), in contrast to 42 U.S.C. § 9607(a)(3), contains the word "or" preceding the phrase "by any other party or entity." In light of the inclusion of the word "or," does section 46.03.822(a)(4) require that a person own, possess, have "authority to control," or "have a duty...

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