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BRINKLEY & WEST, INC. v. FOREMOST INSURANCE COMPANY

No. 71-3110.

499 F.2d 928 (1974)

BRINKLEY & WEST, INC., Plaintiff-Appellant, v. FOREMOST INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 26, 1974.

Attorney(s) appearing for the Case

Clarence F. Favret, Jr., New Orleans, La., for plaintiff-appellant.

Donald R. Mintz, Carl J. Schumacher, Jr., New Orleans, La., for defendant-appellee.

Before BROWN, Chief Judge, and RIVES and CLARK, Circuit Judges.

ON PETITION FOR REHEARING

JOHN R. BROWN, Chief Judge:

The history of this case exemplifies the precarious path that the federal courts must tread when they follow the shifting tracks of the Erie Railroad.1 In our original opinion2 in this case the clearly defined and recently reaffirmed conflicts principles of Louisiana3 led us...

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