Hawley K. Challoner, Etc. v. Day and Zimmermann, Inc.

Our decision in this case, 512 F.2d 77, was vacated by the Supreme Court, Day and Zimmermann, Inc. v. Hawley K. Challoner, 423 U.S. 3, 96 S.Ct. 167, 46 L.Ed.2d 3 (1975).

The Supreme Court said:

“The Court of Appeals in this case should identify and follow the Texas conflicts rule. What substantive law will govern when Texas’ rule is applied is a matter to be determined by the Court of Appeals.”

On this point we requested and received briefs of the parties. Upon consideration, we are unconvinced that at the time this case was tried in the District Court the Supreme Court of Texas, consistently…