No. 76-4239.

587 F.2d 182 (1979)

Joseph H. PROCTOR, as Administrator, c/t/a of the Estate of Pinkie Sutton, Deceased, Plaintiff-Appellee, v. J. C. GISSENDANER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 2, 1979.

Attorney(s) appearing for the Case

J. Gorman Houston, Jr., Eufaula, Ala., for defendant-appellant.

Robert B. Albritton, William Harold Albritton, Andalusia, Ala., for plaintiff-appellee.

Before TUTTLE, GEE and FAY, Circuit Judges.


The sole question before us is whether Title 12, Code of Alabama, Section 12-22-72 (1975) is applicable in a diversity case by virtue of the Erie doctrine.1 Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). This action is the product of our previous decision in Proctor v. Gissendaner, 579 F.2d 876 (5th Cir. 1978). In that...

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