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BECKER v. INTERSTATE PROPERTIES

No. 76-2520.

569 F.2d 1203 (1977)

Gary R. BECKER, Appellant, v. INTERSTATE PROPERTIES, Interstate Construction Corporation, Windsor Contracting Corp., Lawrence Corporation, Diamond Reo, Jamesway Company, Willard F. Edwards, John Doe and Richard Roe, Saul Silverman, A.I.A., Raymond Keyes Engineers. INTERSTATE PROPERTIES and I. P. Construction Corp., Third-Party Plaintiffs, v. WOOD PINE CONSTRUCTORS, INC.

United States Court of Appeals, Third Circuit.

Decided December 21, 1977.

As Amended January 30, 1978.

Attorney(s) appearing for the Case

Edward B. Meredith, Meredith, Meredith & Chase, Trenton, N. J., for appellant.

Edward J. McCardell, Jr., Trenton, N. J., Thomas P. Weidner, Princeton, N. J., Jamieson, McCardell, Moore, Peskin & Spicer, Trenton, N. J., for Interstate Properties, I. P. Construction Co. and Saul Silverman.

David S. Gordon, Greenbaum, Greenbaum, Rowe & Smith, Woodbridge, N. J., for Raymond Keyes Engineers.

William M. Lake, Dietrich & Lake, Trenton, N. J., for Wood Pine Constructors, Inc.

Before ADAMS, VAN DUSEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The task of a federal court sitting in diversity is frequently not an easy one, for it must foresake its realm of expertise and assume the aspect of a court of the forum state. Even when applying well-settled law, the federal tribunal must be alert to nuances of precedent. Where, as here, a federal court is asked to pass on the implication of a declaration by a state high court of a new principle in an evolving...

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