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LUMBERMEN'S MUTUAL CASUALTY COMPANY v. WRIGHT

No. 19070.

322 F.2d 759 (1963)

LUMBERMEN'S MUTUAL CASUALTY COMPANY, Appellant, v. Rayford J. WRIGHT, Appellee.

United States Court of Appeals Fifth Circuit.

September 19, 1963.

Attorney(s) appearing for the Case

H. L. Hammett, New Orleans, La., for appellant.

A. V. Pavy, Edward Dubuisson, Opelousas, La., for appellee.

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

WISDOM, Circuit Judge.

This case started out in 1947 as a run-of-the-mine tort action. Unfortunately, it developed eccentricities and a life of its own singularly resistant to routine. It is before this Court for the second time.

In the first proceedings, in 1954, the district judge held that Erie compelled dismissal of the complaint under Article 3519 of the LSA-Civil Code. This article requires dismissal of a suit...

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