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PINO v. U.S.

No. 105,223.

183 P.3d 1001 (2008)

2008 OK 26

Michael PINO and Amy Pino as parents of deceased, Nevin Michael Pino, Plaintiffs/Appellants, v. The UNITED STATES of America, Defendant/Appellee.

Supreme Court of Oklahoma.

April 1, 2008.

Attorney(s) appearing for the Case

Steven T. Horton, Brent Neighbors, Horton & Neighbors, Oklahoma City, OK, for Plaintiffs/Appellants.

Sheldon J. Sperling, United States Attorney, Jeanette Windsor, Assistant United States Attorney, Muskogee, OK, for Defendant/Appellee.

TAYLOR, J.

¶ 1 The United States Court of Appeals, Tenth Circuit, certified the following question under the authority of Tenth Circuit Rule 27.1 and the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, § 1601-1611.

As of September 1-2, 2003, did the Oklahoma Wrongful Death Statute, Okla. Stat. tit. 12, § 1053, afford a cause of action for the wrongful death of a nonviable stillborn fetus?1

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