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CARTY v. STATE OFFICE OF RISK MANAGEMENT

No. 12-40750.

733 F.3d 550 (2013)

Christy CARTY, Individually and as Next Friend for Bryce Carty, Justice Carty and Maddy Carty, Minors and as Representative of the Estate of Jimmy Carty Jr, Deceased, Plaintiff-Appellee, v. STATE OFFICE OF RISK MANAGEMENT, Intervenor Plaintiff-Appellant, v. Texas Department of Public Safety, Defendant.

United States Court of Appeals, Fifth Circuit.

August 15, 2013.

Attorney(s) appearing for the Case

Roger William Anderson, Esq. , Gillen & Anderson, William Sam Hommel, Jr. , Tyler, TX, for Plaintiff-Appellee.

Laura B. Fountain, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Intervenor Plaintiff-Appellant.

Before HIGGINBOTHAM, OWEN, and GRAVES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

This case involves important and determinative questions of Texas law as to which there is no controlling Texas precedent. Accordingly, we certify those unresolved questions to the Supreme Court of Texas.

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO ART. 5, § 3-C OF THE TEXAS CONSTITUTION AND RULE 58 OF THE TEXAS RULES OF APPELLATE PROCEDURE TO...

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