Moore

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KERRY MOORE; KELLIE MOORE, and  No. 06-35948 the marital community thereof, D.C. No. Plaintiffs-Appellants, CV-05-00442-JLR v. Western District of KING COUNTY FIRE PROTECTION Washington, Seattle

DISTRICT NO. 26; JAMES D.

POLHAMUS; DAVID LAWRENCE;  ORDER

WITHDRAWING

JERRY HARRIS; GARY BOLLINGER, QUESTION

Defendants-Appellees. PREVIOUSLY

CERTIFIED TO

THE

WASHINGTON

 SUPREME COURT

Filed March 4, 2009

Before: Kim McLane Wardlaw, Richard R. Clifton and N. Randy Smith, Circuit Judges.

ORDER

By order entered September 24, 2008, we certified a ques- tion to the Washington Supreme Court. Appellants have advised us that the Washington Supreme Court has since filed an opinion in another case, Hale v. Wellpinit School District No. 49, 198 P.3d 1021 (Wash. 2009), that provides the answer to the question we certified. Based on that opinion, Appellants moved for withdrawal of the certified question and for this court to resume control and jurisdiction over the appeal. Appellees…