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PITTS v. U.S.

Record No. 910186.

408 S.E.2d 901 (1991)

Ellen O. PITTS v. UNITED STATES of America.

Supreme Court of Virginia.

September 20, 1991.

Attorney(s) appearing for the Case

Harry F. Bosen, Jr., Salem (David S. De Jong, Stein, Sperling, Bennett, De Jong, Driscoll, Greenfeig & Metro, Rockville, Md., on briefs), for appellant.

William S. Estabrook, Washington, D.C. (E. Montgomery Tucker, U.S. Atty., Roanoke, Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Charles E. Brookhart, Washington, D.C., on brief), for appellee.

Present: CARRICO, C.J., COMPTON, RUSSELL, WHITING, LACY and HASSELL, JJ., and POFF, Senior Justice.

POFF, Senior Justice.

In accord with the provisions of our Rule 5:42, a three-judge panel of the United States Court of Appeals for the Fourth Circuit invoked our "original jurisdiction... to answer questions of state law certified by a court of the United States or the highest appellate court of any other state." ___ F.2d ___ Va. Const. art. VI, § 1. On January 19, 1991, we agreed to consider the following question of law, framed and certified as dispositive...

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