Legal Opinion · Concurrence

Official Airlines Schedule Information Service, Inc. v. Eastern Air Lines, Inc.

Court of Appeals for the Fifth Circuit

Decided July 13, 1964No. 20507_1Published

1ConcurrenceRives, Circuit Judge

I concur in the result, and in much of Judge Hunter’s able opinion. Approaching the case differently, however, I concur specially.

It seems to me that we must first decide what law is to be applied. Jurisdietion being based upon diversity of citizenship, the conflict of laws rules of the forum state must be utilized.1 Here, the forum state is Florida, but there is no indication what conflict of laws rule Florida would apply to a cause of action based on the misappropriation of an idea. There are three states which have had significant contacts with the subject matter involved in this suit: (1)…

2Cases cited16 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946
  3. Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
  4. Bristol v. Equitable Life Assurance SocietyNew York Court of Appeals · 1892
  5. Grombach Productions, Inc. v. WaringNew York Court of Appeals · 1944

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