Legal Opinion
Max Stool v. J. C. Penney Company, Inc.
Court of Appeals for the Fifth Circuit
Decided November 18, 1968No. 25853_1PublishedCited by 38 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
This case presents the perennial quandary of the Erie syndrome, viz., the application of state law which is vague and uncertain, if not nonexistent. A federal diversity court cannot decline to exercise its jurisdiction even though the state law which it is bound to apply cannot be found with certainty. 1 We therefore fall back on formulary surrogates to account for our mysterious application of an uncoined code. Thus where the controlling state law eludes the researcher, the court must attempt to ascertain the policy inclination of the state’s highest tribunal with regard…
2Cases cited40 opinions
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Renfro Drug Co. v. LewisTexas Supreme Court · 1950
- National Screen Service Corporation v. The Poster Exchange, Inc.Court of Appeals for the Fifth Circuit · 1962
- Logan Lumber Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1966
- Austin Road Co. v. PopeTexas Supreme Court · 1949
35 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
- Ralph W. Moores, Jr. v. Nathan Greenberg, Ralph W. Moores, Jr. v. Nathan GreenbergCourt of Appeals for the First Circuit · 1987
- Larry Luke, Individually v. American Family Mutual Insurance Company, American Family Mutual Insurance Company v. Larry Luke, IndividuallyCourt of Appeals for the Eighth Circuit · 1973
- Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971
- Beal v. General Motors CorporationDistrict Court, D. Delaware · 1973
33 more not listed; retrieve them via the Exa API.