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BERG v. POPHAM

No. 01-35807.

307 F.3d 1028 (2002)

David and Marge BERG, Plaintiffs-Appellants, v. David POPHAM and Tsukiko Popham, d/b/a Alladin Cleaners, Defendants, and The Norge Corporation, and its successors in interest Magic Chef Corporation, and Maytag Corporation, ABC Inc., ABC Co., ABC Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2002.

Attorney(s) appearing for the Case

Michael W. Flanigan, Walther & Flanigan, Anchorage, AK, for Plaintiff-Appellant.

Christopher W. Angius, Portland, OR, Joseph R. Loescher, Hughes, Thorsness, Gantz, Powell & Brundin LLC, Anchorage, AK, I. Franklin Hunsaker, Bullivant Houser Bailey, Penderglass & Hoffman, Portland, OR, for Defendants-Appellees.

Before B. FLETCHER, ALARCON and GRABER, Circuit Judges.

ORDER CERTIFYING QUESTIONS TO THE ALASKA SUPREME COURT

ORDER

GRABER, Circuit Judge, Presiding.

Pursuant to Rule 407(a) of the Alaska Rules of Appellate Procedure, we respectfully request that the Alaska Supreme Court answer the following novel questions of Alaska law:

1. Alaska Statute section 46.03.822(a)(4), in contrast to 42 U.S.C. § 9607(a)(3), contains the word "or" preceding the phrase "by any other party or entity." In light...

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