O'TOOLE v. Brown

The U.S. District Court for the District of Nebraska has requested this court to answer questions of state law, pursuant to the provisions of Neb. Rev. Stat. § 24-219 (Reissue 1985), which provides that this court may answer questions of law certified to it by the U.S. District Court if there are questions of Nebraska law which may be determinative of the cause then pending in the certifying court and there is no controlling precedent in the decisions of this court.

The “Background Statement” submitted to this court by the U.S. District Court sets out, in part, the following:

On April 2, 1986,…