Legal Opinion · Dissent
Donald L. Atkins v. Schmutz Manufacturing Company, Incorporated
Court of Appeals for the Fourth Circuit
Decided September 10, 1968No. 11566_1Published
1DissentCraven, Circuit Judge
I regret that I am unable to persuade the court that we may faithfully follow the Erie-Guaranty-Byrd-Hanna1 doctrine without necessarily denying this plaintiff a trial on the merits. If we were deciding this case after Erie and Guaranty but before Byrd and Hanna, I would agree, albeit reluctantly, that the result is compelled. It would be difficult, indeed, to distinguish Guaranty, involving as it did a state statute of limitations, without the light shed by Byrd and Hanna. The simplistic test of Erie (substance-procedure) and the mechanistic test of Guaranty (outcome) have undoubtedly…
2Cases cited39 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
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Hanna v. PlumerSupreme Court of the United States · 1965
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