MISSOURI PACIFIC RAILROAD COMPANY v. AMERICAN REFRIGERATOR TRANSIT COMPANY

No. 7336.

328 F.2d 569 (1964)

MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, Appellant, v. AMERICAN REFRIGERATOR TRANSIT COMPANY, a New Jersey corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 19, 1964.


Attorney(s) appearing for the Case

Douglas McHendrie, of Grant, Shafroth, Toll & McHendrie, Denver, Colo. (Robert W. Yost, St. Louis, Mo., and Preston & Altman, Pueblo, Colo., on the brief), for appellant.

William K. Ris, of Wood, Ris & Hames, Denver, Colo., for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

The appeal involves the construction of a contract under the substantive law of the State of Colorado. There are no decisions of the Supreme Court of that State directly in point. The court below, after looking at all the provisions of the contract, determined, under the weight of authorities generally, that appellant had a "duty to inspect". This court has held that, in the absence of controlling state court authority, we will accept the federal trial...

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