United Services Life Insurance v. Delaney

(concurring) :

I join in the Court’s decision to abstain pending determination of the controlling question of state law by the Courts of Texas. Prompted in part by matters briefly stated but strongly stressed in the dissenting opinion, but also by the nature of our action in postponing decision of what appears on the surface to be a simple case of contract construction, I think it appropriate to make these additional comments.

Abstention in a diversity case is no more an abdication1 of the constitutional-statutory duty to decide 2 than is abstention in the field of determination of federal…