United States v. 2009-03-04 | 06-35948 | Moore V. King County Fire Protection District No. 26 |…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 KERRY MOORE; KELLIE MOORE, and No. 06-35948
the marital community thereof, D.C. No.
Plaintiffs-Appellants, CV-05-00442-JLR
v. Western District of
Washington, SeattleKING COUNTY FIRE PROTECTION
DISTRICT NO. 26; JAMES D. ORDER
 POLHAMUS; DAVID LAWRENCE; WITHDRAWING
JERRY HARRIS; GARY BOLLINGER, QUESTION
Defendants-Appellees. PREVIOUSLY
CERTIFIED TO
THE
WASHINGTON
SUPREME COURT

Filed March 4, 2009
Before: Kim McLane Wardlaw, Richard R. Clifton and
N. Randy Smith, Circuit Judges.
ORDER
By order entered September 24, 2008, we certified a ques-
tion to the Washington Supreme Court. Appellants have
advised us that the Washington Supreme Court has since filed
an opinion in another case, Hale v. Wellpinit School District
No. 49, 198 P.3d 1021 (Wash. 2009), that provides the answer
to the question we certified. Based on that opinion, Appellants
moved for withdrawal of the certified question and for this
court to resume control and jurisdiction over the appeal.
Appellees oppose that motion. After consultation with the
Washington Supreme Court, the motion is GRANTED.
2699

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The certified question is withdrawn, this court will resume
control over this appeal, and the case is re-submitted for deci-
sion as of the date this order is filed.
A copy of this order will be sent by the Clerk of this court
to the Clerk of the Washington Supreme Court.
2700 MOORE v. KING COUNTY FIRE PROTECTION DIST.

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