UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROBERT J. DEBRY AND ASSOCIATES, P.C., a Utah corporation,

Plaintiff-Appellant,
v.	No. 04-4049
QWEST DEX, INC., a Colorado corporation; and DEX MEDIA WEST, LLC, a Delaware limited liability corporation,

Defendants-Appellees.	(D.C. No. 1:03-CV-99-PGC)

(D. Utah)

ORDER AND JUDGMENT*

Before HENRY, BALDOCK, and BRISCOE, Circuit Judges.

We 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:

Whether Defendants violated Utah 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 Code Ann. § 13-11a-5(1).

See Robert J. DeBry and Assocs. P.C. v. Qwest Dex, Inc., No. 04-4049, Certification Order (10th Cir. March 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. Qwest Dex, Inc., P.3d , 2006 WL 2089138 (Utah 2006). Accordingly, the district court's judgment dismissing Plaintiff's complaint for failure to state a cause of action is–

AFFIRMED.

Entered for the Court

Bobby R. Baldock

United States Circuit Judge