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STEVENS v. BATTELLE MEMORIAL INSTITUTE

No. 05-15088.

488 F.3d 896 (2007)

Maureen STEVENS, as personal representative of the Estate of Robert Stevens, deceased, Plaintiff-Appellee, v. BATTELLE MEMORIAL INSTITUTE, a foreign corporation, Defendant-Appellant, Bioport Corp., a foreign corporation, et al., Defendants. Maureen Stevens, as Personal Representative of the Estate of Robert Stevens deceased, and on behalf of Maureen Stevens, individually, Nicholas Stevens, Heidi Hogan, and Casey Stevens, survivors, Plaintiff-Appellee, v. United States of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 7, 2007.

Attorney(s) appearing for the Case

Tami Lyn Azorsky, William Thomas O'Brien, McKenna, Long & Aldridge, LLP, H. Thomas Byron, III, Douglas N. Letter, US. Dept. of Justice, Civ. Div., Washington, DC, Martin B. Woods, Marissa D. Kelley, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Ft. Lauderdale, FL, for Defendants-Appellants.

Philip M. Burlington, Burlington & Rockenbach, P.A., West Palm Beach, FL, for Stevens.

Before BARKETT and KRAVITCH, Circuit Judges, and TRAGER, District Judge.

KRAVITCH, Circuit Judge:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO FLA. R. APP. P. 9.150(a). TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:

This case involves the question of what duties exist under Florida law to protect members of the public where an organization creates a significant risk by using anthrax or other ultra-hazardous materials.

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