LEE v. FROZEN FOOD EXP., INC.

No. 78-1885. Summary Calendar.

592 F.2d 271 (1979)

Robert Hoy LEE and Shirley Hilderbrand Lee, Plaintiffs-Appellants, v. FROZEN FOOD EXPRESS, INC. and Excalibur Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1979.


Attorney(s) appearing for the Case

James L. Davis, Kenneth N. Simmons, Many, La., for plaintiffs-appellants.

Mayer, Smith & Roberts, Alex F. Smith, Jr., Mark A. Goodwin, Shreveport, La., for Frozen Food Express and Excalibur Ins. Co.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.


PER CURIAM:

In this Louisiana wrongful death action removed to the federal courts because of diversity, we affirm on the findings of fact and conclusions of law in the opinion of the district court.

Plaintiffs suggest we certify to the Louisiana Supreme Court the district court's conclusion that Louisiana law will impute the contributory negligence of a minor to his parents pursuant to Rule 12 of the Louisiana Supreme Court.

Regardless of any ambiguity...

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