DOWNS v. J. M. HUBER CORP.

No. 76-4067.

580 F.2d 794 (1978)

Verona Deloach DOWNS et al., Plaintiffs-Appellants, v. J. M. HUBER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1978.


Attorney(s) appearing for the Case

Jim Duvall, Dumas, Tex., for plaintiffs-appellants.

S. Tom Morris, Amarillo, Tex., for defendant-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.


GODBOLD, Circuit Judge:

Between the trial and the appeal of this diversity case the Texas Supreme Court rendered a decision that undercuts the basis for the trial court's directed verdict for the defendant. We must decide whether the intervening state court decision operates retroactively. We conclude that it does and reverse and remand for further proceedings.

Bobby Ray Downs was employed by Fish Engineering and...

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