Hope Flooring & Lumber Co. v. Boulden

JOHNSEN, Circuit Judge.

The question is whether the District Court was entitled to hold that the amount paid by a third party, in disposition of a suit for damages, brought against it by the estate of a deceased employee, for negligently having caused the latter’s death, constituted in the particular situation fruits of a “contested case” and not merely proceeds of a “compromise settlement”, within the meaning of those terms under the opinion of the Arkansas Supreme Court in Winfrey & Carlile v. Nickles, 223 Ark. 894, 270 S. W.2d 923.

On the former appearance of the case before us, 8 Cir., 215…