Conesco Industries, Ltd. A New Jersey Corporation v. Conforti and Eisele, Inc., D. C. A District of Columbia Corporation

This case involves a subtle point concerning ascertainment of state law by a federal court in a diversity case. Because I find this point of law controlling, and because the majority opinion goes counter to it, regretfully, I must dissent.

The pivotal issue to which I refer concerns the precedential effect of United States Plywood Corporation v. Continental Casualty Company.1 This case, cited by the majority, is the only District of Columbia precedent on the substantive issue now before us, whether a surety can be held liable when the claimant does not give timely notice in accordance with a…