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BRADY v. PPL MONTANA, LLC

No. 06-35007.

478 F.3d 1015 (2007)

Michael BRADY; Joan Brady, Plaintiffs-Appellants, v. PPL MONTANA, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 14, 2007.

Attorney(s) appearing for the Case

A. Clifford Edwards, Roberta Anner-Hughes, Esq., Edwards, Tolstedt & Frickle, Billings, MT, for Plaintiffs-Appellants.

Robert Sterup, Holland & Hart, LLP, Billings, MT, Carl P. Gilmore, Esq., Preston Gates & Ellis, LLP, Seattle, WA, for Defendant-Appellee.

Before RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges, and RICHARD MILLS, District Judge.

ORDER CERTIFYING QUESTION OF LAW TO THE MONTANA SUPREME COURT

ORDER

I

Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, we respectfully request the Montana Supreme Court to exercise its discretion to adjudicate the following question of Montana law:

Is Mont.Code Ann. § 39-71-413, as amended, unconstitutional under any of the following provisions of the constitution of the State of Montana: (i) prohibition of special...

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