[DOWNLOAD] "Stool v. J. C. Penney Co." by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Stool v. J. C. Penney Co.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 18, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This case presents the perennial quandary of the Erie syndrome, viz., the application of state law which is vague and uncertain, if not nonexistent. A federal diversity court cannot decline to exercise its jurisdiction even though the state law which it is bound to apply cannot be found with certainty. We therefore fall back on formulary surrogates to account for our mysterious application of an uncoined code. Thus where the controlling state law eludes the researcher, the court must attempt to ascertain the policy inclination of the states highest tribunal with regard to the matter in controversy. Failing that, the court may assume that the state courts would adopt the rule which, in its view, is supported by the thrust of logic and authority.

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