Legal Opinion

Ruby Conway v. Chemical Leaman Tank Lines, Inc., the Fidelity & Casualty Company of New York, Intervenor-Appellee

Court of Appeals for the Fifth Circuit

Decided January 7, 1976No. 74--2856PublishedCited by 25 opinions

1Opinion of the Court

GEE, Circuit Judge:

This Texas diversity case arises from a judgment against appellant in a wrongful death action filed by the widow, sons and employer of Robert E. Conway. The only issues on appeal involve the judgment in favor of Ruby Conway, and we affirm the judgments in favor of the other appellees. With respect to her, we reverse and remand because of the improper refusal to permit reference to Mrs. Conway’s subsequent ceremonial marriage.

In June 1974, when this case was tried, Fed.R.Civ.P. 43(a) was in effect and provided that any evidence admissible in a Texas state court was…

2Cases cited9 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. McGowan v. MarylandSupreme Court of the United States · 1961
  4. Bruno v. United StatesSupreme Court of the United States · 1939
  5. New Amsterdam Casualty Co. v. SoileauCourt of Appeals for the Fifth Circuit · 1948

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3Cited by25 opinions

  1. Foster v. StateMississippi Supreme Court · 1987
  2. Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
  3. E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc., E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc.Court of Appeals for the Eighth Circuit · 1980
  4. Ruby Conway v. Chemical Leaman Tank Lines, Inc.Court of Appeals for the Fifth Circuit · 1980
  5. James M. O'ReaR v. Fruehauf Corporation, Defendant-Third-Party Fruehauf Distributing Company v. G. G. Espinoza, Third PartyCourt of Appeals for the Third Circuit · 1977

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