Arkansas Teacher Retirement Sy v. Angelo Mozilo

ORDER

For the reasons set forth in the contemporaneously-issued certificate, we find that this case involves a dispositive question of Delaware law, the answer to which is not clear from controlling precedent in Delaware judicial decisions. We therefore certify a question of law to the Supreme Court of the State of Delaware. See Del. Supr. Ct. R. 41.

The Clerk of this Court shall forward a certified copy of this order and the certificate to the Supreme Court of Delaware, and is directed to provide a certified copy of the record (or any part thereof) if re quested by the Supreme Court of Delaware to aid its consideration of this matter.

The case is withdrawn from submission and further proceedings in this court are stayed pending final action by the Supreme Court of Delaware. The parties shall notify the Clerk of this Court within one week after the Supreme Court of Delaware accepts or rejects certification, and again within one week if the Supreme Court of Delaware renders an opinion. The panel retains jurisdiction over future proceedings.

CERTIFICATE OF QUESTIONS OF LAW

Pursuant to Delaware Supreme Court Rule 41, we make the following findings:

1. The nature and stage of…