MEMORANDUM AND ORDER
VanBEBBER, District Judge.
Pursuant to K.S.A. 60-3201, this court, upon the parties' motions (Docs.190, 192, 195), hereby certifies to the Kansas Supreme Court the following questions of Kansas law, which are deemed to be determinative in this action and which no controlling precedent exists in the Kansas Supreme Court or the Kansas Court of Appeals:
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