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STOOL v. J. C. PENNEY COMPANY

No. 25853.

404 F.2d 562 (1968)

Max STOOL, Appellant, v. J. C. PENNEY COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

November 18, 1968.

Attorney(s) appearing for the Case

Edward P. Fahey, Groce, Hebdon, Fehey & Smith, San Antonio, Tex., for appellant.

F. W. Baker, San Antonio, Tex., for appellee.

Before GEWIN, PHILLIPS and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

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.1 We therefore fall back on formulary surrogates to account for our mysterious application of an uncoined...

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