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PROGRESSIVE GULF INS. CO. v. FAEHNRICH

No. 09-16487.

627 F.3d 1137 (2010)

PROGRESSIVE GULF INSURANCE COMPANY, an Ohio corporation, Plaintiff-Appellant, v. Randall K. FAEHNRICH, individually and as natural parent and/or legal guardian of Randy Faehnrich and Christian Faehnrich, minors; Toni A. Faehnrich, individually and as natural parent and/or legal guardian of Randy Faehnrich and Christian Faehnrich, minors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 7, 2010.

Attorney(s) appearing for the Case

Dennis M. Prince , Prince & Keating LLP, Las Vegas, NV, for the plaintiff-appellant.

Brett A. Carter , Benson Bertoldo Baker & Carter, Chtd., Las Vegas, NV, for the defendants-appellees.

Order; Dissent by Judge KLEINFELD.

ORDER

SUSAN P. GRABER, Circuit Judge.

Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we respectfully certify to the Supreme Court of Nevada the question of law set forth in Section III of this order. That question will determine an issue pending before this court. No precedent in the decisions of the Supreme Court of Nevada controls that issue.

I. Background

The parties stipulated to the relevant facts. Progressive...

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