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TO: THE SUPREME COURT OF THE STATE OF CALIFORNIA
FROM: ROGER W. BOREN, Presiding Justice
MORIO L. FUKUTO, Associate Justice
MICHAEL G. NOTT, Associate Justice
DATE: September 26, 1997
RE: Compliance with Rule 978(a), California Rules of Court, Jennings v. Schmier; B088600; Filed July 28, 1997
Attached hereto is a copy of the typewritten opinion in the above case, not certified for publication. Also attached is a copy of a letter from Richard C. Jacobs of Howard Rice Nemerovski Canady Falk & Rabkin, attorneys for Defendant and Appellant, dated September 24, 1997, requesting publication of the opinion.
It is the view of this court that the issues involved are not such that the opinion meets the criteria for publication specified in rule 976. This was the original view of the members of the panel participating in the opinion and after reexamination and reconsideration of the matter of publication, we still consider the decision to be valid. Therefore, pursuant to rule 978(a), this court is referring this matter to the Supreme Court in the above context.