Legal Opinion
West v. American Telephone & Telegraph Co.
Supreme Court of the United States
Decided December 9, 1940No. 44 and 45PublishedCited by 1,355 opinions
1Opinion of the Court
*231Me. Justice Stone
delivered the opinion of the Court.. The Circuit Court of Appeals in this case, in which jurisdiction rests exclusively on diversity of citizenship, declined, to follow the ruling in West v. American Telephone & Telegraph Co., 54 Ohio App. 369; 7 N. E. 2d 805; 7 Ohio Opinions 363, of the Cuyahoga County Court of Appeals, an intermediate appellate court of Ohio. The question for decision is whether, in refusing to follow the rule of law announced by the state court, the court below failed to apply state law within the requirement of § 34 of the Judiciary Act of 1789 and of our…
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