F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES CO URT O F APPEALS
August 4, 2006
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
R OBER T J. D EB RY A N D
ASSO CIATES, P.C., a Utah
corporation,
Plaintiff-Appellant,
v. No. 04-4049
QW EST DEX, INC., a Colorado (D.C. No. 1:03-CV-99-PGC)
corporation; and DEX M EDIA W EST, (D. Utah)
LLC, a D elaw are limited liability
corporation,
Defendants-Appellees.
OR D ER AND JUDGM ENT *
Before H E N RY, B AL DOC K , and BR ISC OE, Circuit Judges.
W e certified to the Utah Supreme Court, as a dispositive question of law in
this matter, the following pursuant to 10th Cir. R. 27.1 and Utah R. App. P. 41:
W hether Defendants violated U tah Code Ann. § 13-11a-3(1)(b), (d), or
(t) when they published in their 2003–2004 Ogden-area telephone
directory a table of numerical prefixes associated with a “local calling
area” and advertisements by third parties that include a market
expansion line telephone number without any physical business address;
and if so, whether Defendants are exempt from liability under Utah
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Code A nn. § 13-11a-5(1).
See Robert J. DeBry and Assocs. P.C. v. Qwest Dex, Inc., No. 04-4049, Certification
Order (10th Cir. M arch 21, 2005). The Utah Supreme Court graciously accepted our
certification and held, under the facts as certified, that Defendant had not violated
Utah Code Ann. § 13-11a-3(1)(b), (d), or (t). See Robert J. DeBry and Assocs. P.C.
v. Qw est D ex, Inc., P.3d , 2006 W L 2089138 (Utah 2006). Accordingly, the
district court’s judgment dismissing Plaintiff’s complaint for failure to state a cause
of action is–
A FFIR ME D.
Entered for the Court
Bobby R. Baldock
United States Circuit Judge
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