Legal Opinion
Day & Zimmermann, Inc. v. Challoner
Supreme Court of the United States
Decided November 3, 1975No. 75-245PublishedCited by 316 opinions
1Per curiam
Respondents sued petitioner in the United States District Court for the Eastern District of Texas seeking to recover damages for death and personal injury resulting from the premature explosion of a 105-mm. howitzer round in Cambodia. Federal jurisdiction was based on diversity of citizenship. The District Court held that the Texas law of strict liability in tort governed and submitted the case to the jury on that theory. The Court of Appeals for the Fifth Circuit affirmed a judgment in favor of respondents. 512 F. 2d 77 (1975).
The Court of Appeals stated that were it to apply Texas…
2Cases cited4 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hawley K. Challoner, Etc. v. Day and Zimmermann, Inc.Court of Appeals for the Fifth Circuit · 1975
- Don E. Lester, Jr., Plaintiff-Appellee-Cross v. Aetna Life Insurance Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1970
3Cited by316 opinions
- Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
- Ferens v. John Deere Co.Supreme Court of the United States · 1990
- Clemens v. DaimlerChrysler Corp.Court of Appeals for the Ninth Circuit · 2008
- Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
- In Re Bendectin Litigation.Court of Appeals for the Sixth Circuit · 1988
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