Legal Opinion · Dissent
Brown v. Missouri Pacific Railroad
Court of Appeals for the Eighth Circuit
Decided April 1, 1983No. 82-1946Published
1DissentHenley, Senior Circuit Judge
Although I entertain serious reservations on the issue of whether Arkansas law perimits recovery of punitive damages in a wrongful death action, in the absence of a definitive statement by the Arkansas Supreme Court I will defer to Judge Waters and Judge Woods1 as well as to my Brother Arnold, a distinguished former United States District Judge in Arkansas. See Lewis Service Center, Inc. v. Mack Financial Corp., 696 F.2d 66, 69 n. 3 (8th Cir.1982) (interpretation of state law by district judge sitting in forum entitled to great deference). However, I cannot agree that the evidence in this…
2Cases cited10 opinions
- St. Louis Southwestern Railway Company v. JacksonSupreme Court of Arkansas · 1967
- Childers v. Southern Farm Bureau Casualty Insurance Co.District Court, E.D. Arkansas · 1968
- Diamond Shamrock Corp. v. PhillipsSupreme Court of Arkansas · 1974
- State Ex Rel. Kurn v. HughesSupreme Court of Missouri · 1941
- Lewis Service Center, Inc. v. Mack Financial Corp., an Ohio CorporationCourt of Appeals for the Eighth Circuit · 1982
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