ESCAMBIA TREATING CO. v. AETNA CAS. & SUR. CO.

No. PCA 75-148.

421 F.Supp. 1367 (1976)

ESCAMBIA TREATING COMPANY, a Florida Corporation, Plaintiff, v. AETNA CASUALTY & SURETY COMPANY, a Connecticut Corporation, Defendant.

United States District Court, N. D. Florida, Pensacola Division.

November 5, 1976.


Attorney(s) appearing for the Case

H. Edward Moore, Jr., Sherrill & Moore, Pensacola, Fla., George D. Gabel, Jr., Wahl & Gabel, Jacksonville, Fla., for plaintiff.

Fletcher Fleming, Shell, Fleming, Davis & Menge, Pensacola, Fla., Ralph E. Smith, Deutsch, Kerrigan & Stiles, New Orleans, La., for defendant.


MEMORANDUM DECISION

ARNOW, Chief Judge.

This case is brought under the diversity jurisdiction of the federal courts, 28 U.S.C. § 1332, and presents an unresolved question of Florida law. Substantive state law, of course, controls.

Presented here is an issue pertaining to Florida law on which its courts have not ruled. Thus, this court must try to determine what the Florida courts would hold, were the issue before them.

If Florida had...

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