Legal Opinion

Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.

Court of Appeals for the Fifth Circuit

Decided August 5, 1960No. 17889_1PublishedCited by 106 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

In what would otherwise be an ordinary run-of-the-mill diversity suit granting recovery under a fire insurance policy for property located in Florida, there is presented an issue on a specific piece of evidence tendered and excluded which brings the question to the brink of the constitution. The precise question is whether a federal court sitting in Florida could, by virtue of a specific Florida statute, exclude testimony which otherwise would be admissible.

Posing the problem with such potential implications is a very simple situation. The property owner, a…

Also in this document: Concurrence.

2Cases cited38 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Palmer v. HoffmanSupreme Court of the United States · 1943

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3Cited by106 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Harold Noel Arrowsmith, Jr. v. United Press InternationalCourt of Appeals for the Second Circuit · 1963
  3. Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970
  4. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  5. Muncie Aviation Corporation v. Party Doll Fleet, Inc.Court of Appeals for the Fifth Circuit · 1975

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