SHELP v. NATIONAL SURETY CORPORATION

No. 20805.

333 F.2d 431 (1964)

Mary H. SHELP and Genevieve M. McKinney, Appellants, v. NATIONAL SURETY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 26, 1964.


Attorney(s) appearing for the Case

Theodore J. Pfister, Jr., Kierr & Gainsburgh, New Orleans, La., for appellants.

Gerard M. Dillon, E. E. Huppenbauer, Curtis, Foster, Dillon & Huppenbauer, New Orleans, La., for defendant-appellee.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The question this diversity tort action presents is whether, under Louisiana law, the lessor or the lessee is responsible for repairs to the doors of leased premises. The case turns on the variance between the French and English texts of Article 2686 of the Code of 1825. That article was the predecessor to Article 2716 of the Louisiana Revised Civil Code of 1870 which was published only in English. The district court held that the 1825 French...

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