Legal Opinion
Travelers Insurance Company v. Busy Electric Company, Z. Kermit Remy and Raymond Voelker
Court of Appeals for the Fifth Circuit
Decided July 17, 1961No. 18778PublishedCited by 69 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
We deal here with the problem of third party impleader sought by a defendant tort-feasor against another tortfeasor, Complicating what is otherwise a simple application of a rule simply stated, F.R.Civ.P. 14, 28 U.S.C.A., is the fact that this is a diversity case. Both the enabling Act, 28 U.S.C.A. § 2072, and Erie combine to forbid the accidental creation of a substantive right through the operation of this procedural device.
As with so much of the business of the Federal District Courts in Louisiana, this started as a suit under the Direct Action Statute to…
2Cases cited42 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- National Labor Relations Board v. Drivers, Chauffeurs, Helpers, Local Union No. 639Supreme Court of the United States · 1960
- Lumbermen's Mutual Casualty Co. v. ElbertSupreme Court of the United States · 1954
- Appalachian Corp. v. Brooklyn Cooperage Co.Supreme Court of Louisiana · 1922
37 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Emmons v. Agricultural Insurance CompanySupreme Court of Louisiana · 1963
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
- C. C. Duke and C. T. Duke v. Sun Oil Company and Pan American Petroleum CorporationCourt of Appeals for the Fifth Circuit · 1963
64 more not listed; retrieve them via the Exa API.