Legal Opinion

Home Life Insurance Company, New York, Cross-Appellant v. Equitable Equipment Company, Inc., Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided December 15, 1982No. 80-3874PublishedCited by 9 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Our prior opinion, 680 F.2d 1056 (5th Cir. 1982), increased the amount awarded as damages to Home Life Insurance Co. of New York (Home Life), but did not mention interest. Jurisdiction being founded on diversity, the district court awarded interest from the date of judicial demand until paid. La.Rev.Stat.Ann. § 13:4203 (West 1968). Equitable Equipment Company, Inc. (Equitable), the judgment debtor, contends that Louisiana law does not apply in determining either the date from which interest accrues or the amount of interest, and that, even in diversity cases,…

2Cases cited23 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Dennis v. SparksSupreme Court of the United States · 1980
  3. E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
  4. Sidney A. Sparks, R. L. Lynd, D/B/A Sidney A. Sparks, Trustee v. Duval County Ranch Company, Inc.Court of Appeals for the Fifth Circuit · 1979
  5. Colonial Refrigerated Transportation, Inc. v. George P. Mitchell, George P. Mitchell v. Colonial Refrigerated Transportation, Inc.Court of Appeals for the Fifth Circuit · 1968

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3Cited by9 opinions

  1. United States v. Bertie Alexander WrightCourt of Appeals for the First Circuit · 1989
  2. G.M. Brod & Company, Inc., a Florida Corporation, Cross-Appellant v. U.S. Home Corporation, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
  3. Domar Ocean Transportation, Ltd., a Division of Lee-Vac, Ltd. v. Independent Refining Company v. Milford Navigation Company, Third-PartyCourt of Appeals for the Third Circuit · 1986
  4. Silver v. NelsonDistrict Court, E.D. Louisiana · 1985
  5. Dunton v. County of SuffolkCourt of Appeals for the Second Circuit · 1984

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