Gypsum Resources, LLC v. Catherine Masto

Good Law
671 F.3d 834·2011 WL 5121129·2011 U.S. App. LEXIS 22047
United States Court of Appeals for the Ninth CircuitOctober 31, 201109-17849California1,224 words

Opinion

Opinion

Certification Order

Pursuant to Nevada Rule of Appellate Procedure 5, we respectfully certify questions to the Nevada Supreme Court. The answer to these questions will be determinative of the matter pending before this court, and there is no clearly controlling precedent in the decisions of the Nevada Supreme Court.

Submission of this case is vacated and all further proceedings are stayed pending receipt of an answer to the certified questions. The parties shall notify the Clerk of this court within one week after the Nevada Supreme Court accepts or rejects the certified questions, and again within one week after the Nevada Supreme Court renders its answers.

As further explained below, we respectfully certify the following questions to the Nevada Supreme Court:

1. Does Nevada Senate Bill No. 358 (Act of May 19, 2003, ch. 105, 2003 Nev. Stat. 595) (“SB 858”) violate article IV, § 20 of the Nevada Constitution?

2. Does SB 358 violate article IV, § 21 of the Nevada Constitution?

3. Does SB 358 violate article IV, § 25 of the Nevada Constitution?

4. If SB 358 would otherwise violate article IV, sections 20, 21, or 25 of the Nevada Constitution, does it fall within an applicable…

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