Mary Lickteig v. Robert Kolar, Jr., No. 08-2949 (8th Cir. 2010)

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Court Description: Civil case. In light of the Minnesota Supreme Court's resolution of the certified questions in the case, the judgment of the district court is reversed and the case is remanded for further proceedings. For the Minnesota Supreme Court's decision, see Lickteig v. Kolar, 2010 WL 2103997 (Minn. 2010).

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2949 ___________ Mary Lickteig, * * Plaintiff/Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Robert Kolar, Jr., * * [UNPUBLISHED] Defendant/Appellee. * * * * ___________ Submitted: May 14, 2009 Filed: June 7, 2010 ___________ Before LOKEN, Chief Judge, EBEL * and CLEVENGER **, Circuit Judges. ___________ EBEL, Circuit Judge. On September 17, 2009, this Court issued an "Order for Certification * The Honorable David M. Ebel, United States Circuit Judge for the Tenth Circuit Court of Appeals, sitting by designation. ** The Honorable Raymond C. Clevenger III, United States Circuit Judge for the Federal Circuit Court of Appeals, sitting by designation. of Questions of State Law," Lickteig v. Kolar, Jr., No. 08-2949 (8th Cir. Sept. 17, 2009) to the Supreme Court of the State of Minnesota certifying three questions of Minnesota state law to that Court. On May 27, 2010, the Minnesota Supreme Court issued an opinion answering those three questions. Lickteig v. Kolar, ----N.W.2d----, 2010 WL 2103997 (Minn. 2010). On the basis of the answers provided by the Minnesota Supreme Court in this matter, the district court order this case is REVERSED and this matter is REMANDED to the U.S. District Court for the District of Minnesota for further proceedings consistent with our Order of Certification and the Supreme Court's opinion answering the certified questions presented to it. -2-

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