Morris v. Giant Four Corners, No. 19-2071 (10th Cir. 2021)

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Appellate Case: 19-2071 Document: 010110562005 Date Filed: 08/16/2021 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ FRANKLIN J. MORRIS, as personal representative of the wrongful death estate of Marcellino Morris, Jr. (deceased), Page: 1 FILED United States Court of Appeals Tenth Circuit August 16, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellant, v. GIANT FOUR CORNERS, INC., d/b/a Giant #7251, No. 19-2071 (D.C. No. 1:15-CV-00055-JCH-LF) (D. N.M.) Defendant - Appellee. _________________________________ ORDER AND JUDGMENT* _________________________________ Before PHILLIPS, BALDOCK, and MORITZ, Circuit Judges. _________________________________ This matter is before the court on the parties’ Joint Motion to Dismiss Appeal and Remand Proceedings to District Court. The parties ask us to reverse the judgment of the district court and remand for proceedings consistent with the New Mexico Supreme Court’s answer to the question of state law that we certified on November 1, 2019. * In light of the parties’ joint motion, oral argument is not necessary. Accordingly, the appeal is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 19-2071 Document: 010110562005 Date Filed: 08/16/2021 Page: 2 Upon consideration, the motion is granted as follows. The judgment of the district court is reversed, and this matter is remanded for further proceedings consistent with the New Mexico Supreme Court’s decision in Franklin J. Morris v. Giant Four Corners, Inc., No. S-1-SC-37997 (N.M. July 19, 2021). The Clerk shall issue the mandate forthwith. Entered for the Court CHRISTOPHER M. WOLPERT, Clerk by: Jane K. Castro Chief Deputy Clerk 2

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