Legal Opinion · Dissent
Mildred C. Trivette v. New York Life Insurance Company
Court of Appeals for the Sixth Circuit
Decided October 31, 1960No. 13910Published
1DissentPope, Circuit Judge
(dissenting),
Since I find myself unable to concur in the majority opinion, I think I should state the reasons for my disagreement. They are several.
The opinion assumes that the rule of Erie Railroad Co. v. Tompkins is to be applied here. As I shall indicate later, I think a more complete statement of the facts would call for a different result even assuming the propriety of the Erie Railroad Co. approach. But if, as I am convinced, this case is not ruled by Erie, then the reasons for a different result are even stronger.
I realize that in Lovas v. General Motors Corp., 6 Cir., 212 F.2d 805,…
2Cases cited38 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
- Dick v. New York Life InsuranceSupreme Court of the United States · 1959
- Eastern Air Lines, Inc. v. Union Trust Company, United States of America v. Union Trust CompanyCourt of Appeals for the D.C. Circuit · 1955
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