Marian F. Reimche v. First National Bank of Nevada, of the Estate of Marcus Daly, Iii, Deceased, and Candace Marie Daly, a Minor

I respectfully dissent.

This is a disturbing case; appellant presents a sympathetic plea for relief. If the allegations of her complaint are true, she has undoubtedly suffered because of the circumstances which led her to give up her daughter. The daughter has fared well as a result of the bargain. Were it our function to cure past injustices, I might join the majority in providing appellant some monetary compensation for her sacrifice on behalf of her daughter.

But that is not our function. We sit here to review a decision of the district court, sitting as a court of equity, in a diversity…