Legal Opinion · Dissent

Canfield v. Orso

Court of Appeals for the Fifth Circuit

Decided June 27, 2000No. 98-31008Published

1DissentDennis, Circuit Judge

This is a state law question of whether the beneficiary of an annuity contract is entitled to the proceeds and avails of the annuity exempt from liability for any debt against all creditors. The beneficiary’s right to the exemption depends on the statutes and decisions of the law of the state by which it was created. “[T]he law of the states [] issuefs], and has been recognized by this court as issuing, from the state courts as well as from the state legislatures. When we know what the source of the law has said that it shall be, our authority is at an end.” Kuhn v. Fairmont Coal Co., 215…

2Cases cited44 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  4. Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
  5. Ardoin v. Hartford Acc. & Indem. Co.Supreme Court of Louisiana · 1978

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