Legal Opinion
Brinkley & West, Inc. v. Foremost Insurance Company
Court of Appeals for the Fifth Circuit
Decided August 26, 1974No. 71-3110PublishedCited by 36 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
JOHN R. BROWN, Chief Judge:
The history of this case exemplifies the precarious path that the federal courts must tread when they follow the shifting tracks of the Erie Railroad. 1 In our original opinion 2 in this case the clearly defined and recently reaffirmed conflicts principles of Louisiana 3 led us to conclude that the District Court below had erred in rendering a summary judgment for defendants. Accordingly, we reversed and remanded it for a trial on the merits. However, just prior to the publication of our opinion the Louisiana Supreme Court in Jagers v. Royal…
2Cases cited36 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
- Kennedy v. DixonSupreme Court of Missouri · 1969
- Jagers v. Royal Indemnity CompanySupreme Court of Louisiana · 1973
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
31 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. KingDistrict Court, S.D. California · 1971
- Mrs. Frania Tye Lee v. Ray Lee Hunt, of the Estate of H. L. Hunt v. Hugh S. HuntCourt of Appeals for the Fifth Circuit · 1980
- Delhomme Industries, Inc., Cross-Appellant v. Houston Beechcraft, Inc. And Beech Aircraft Corporation, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
- Barnes Group, Inc. v. C & C Products, Inc., and Roy E. McGuireCourt of Appeals for the Fourth Circuit · 1983
- Edwin F. Gordon, Cross-Appellee v. E. G. Green, Gustave T. Broberg, Jr., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1979
31 more not listed; retrieve them via the Exa API.