Gates v. L. G. DeWitt, Inc.

I respectfully dissent.

The trial judge, a Georgia trained trial lawyer of wide experience, has already fully and carefully analyzed and decided the question of Georgia law for which the majority sends the case back to him, with directions to decide it again. See the portion of his order denying the motions for new trial, quoted at page 409, supra, of the majority opinion. He answered the question posed by relying upon the opinion of another Georgia trained judge, a distinguished member of this Court, Judge Robert L. Russell, in a similar situation in the case of Hogan v. Williams, 5 Cir.…