Legal Opinion

United States ex rel. Gillioz v. John Kerns Const. Co.

District Court, E.D. Arkansas

Decided July 20, 1943No. 618PublishedCited by 3 opinions

1Opinion of the CourtTrimble, District Judge

(after stating the facts).

The right of action and the jurisdiction of this Court in this case are conferred by a federal statute, but the construction of the federal statute is not involved, nor is the United States a real party in interest; hence the questions of substantive law arising herein are controlled by the laws of the State of Arkansas, which are both lex loci contractus and lex fori. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, and cases following that decision. Even though the parties must rely upon a federal statute for their remedies, this…

2Cases cited24 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Nash v. TowneSupreme Court of the United States · 1867
  3. United States v. RiceSupreme Court of the United States · 1942
  4. United States v. Callahan Walker Construction Co.Supreme Court of the United States · 1942
  5. Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902

19 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United States v. Henke Const. Co.Court of Appeals for the Eighth Circuit · 1946
  2. United States Ex Rel. Greenville Equipment Co. v. United States Casualty Co.District Court, D. Delaware · 1962
  3. Means v. Nelle Gertrude Berger TrustCourt of Appeals of Arkansas · 1990

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