Legal Opinion · Dissent

Courmier v. Superior Oil Co.

Court of Appeals for the Fifth Circuit

Decided March 8, 1947No. 11641Published

1DissentHolmes, Circuit Judge

I think the judgment should be reversed and the cause remanded for trial on the merits. This means a jury trial upon the factual issue presented by the complaint and answer. The jury question is whether or not at the time of the compromise settlement there was a bona fide dispute as to *129liability. If there was not such a dispute, the agreed judgment cannot stand under the laws of Louisiana when the judgment was entered. Puchner v. Employers’ Liability Assurance Corporation, 198 La. 921, 5 So.2d 288.

The district court, after stating that it knew the fine personal reputation and high…

2Cases cited2 opinions

  1. Puchner v. Employers' Liability Assur. Corp.Supreme Court of Louisiana · 1941
  2. Courmier v. Superior Oil Co.District Court, W.D. Louisiana · 1945

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