Legal Opinion · Dissent

Ira Blake Phillips v. The Goodyear Tire & Rubber Company

Court of Appeals for the Fifth Circuit

Decided July 27, 1981No. 79-2011Published

1DissentJohn R. Brown, Circuit Judge

I respectfully dissent, but not because the Court’s opinion incorrectly states the current law of Georgia. Rather, I do so because we do not take advantage of the opportunity by available certification1 to get firsthand authoritative word from the Supreme Court of Georgia, not on what the decided precedents reveal, but on what Georgia would now hold on this new and appealing situation.

The Court’s opinion proceeds expressly on the assumption “that the sole reason for Phillips’ termination was that he gave truthful testimony harmful to Goodyear’s interests or that he refused to pérjure himself”…

2Cases cited10 opinions

  1. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  2. Brian Atwood Wansor v. George Hantscho Co., Inc. v. W. R. Bean & Son, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1978
  3. In Re Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee-Appellant v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt. Edward W. Szczepanski, Jr. v. Ford Motor Credit CompanyCourt of Appeals for the Fifth Circuit · 1977
  4. James Prescher v. Sherman H. Crouse, Warden, Kansas State PenitentiaryCourt of Appeals for the Tenth Circuit · 1970
  5. Brian Atwood Wansor v. George Hantscho Co., Inc., Defendant-Third-Party v. W. R. Bean & Son, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1978

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