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ARCENEAUX v. TEXACO, INC.

No. 77-3476.

623 F.2d 924 (1980)

Charles ARCENEAUX, Sr., Individually and as the Legal Tutor of his Minor children, Tabby Lois Arceneaux, et al., Plaintiffs-Appellants, Cross-Appellees, v. TEXACO, INC., and General Motors Corporation, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1980.

Attorney(s) appearing for the Case

Daniel Lund, Harold B. Carter, Jr., James B. Irwin, New Orleans, La., for Charles Arceneaux, Sr., et al.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, John G. Gomila, New Orleans, La., for Texaco, Inc.

Bernard, Micholet & Cassisa, Peter L. Bernard, Jr., Jerry L. Saporito, Joseph S. Palermo, Jr., Metairie, La., for General Motors.

Daniel A. Webb, Lawrence E. Abbott, New Orleans, La., for Edward Anderman.

Before BROWN, AINSWORTH and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This diversity case requires the application of federal evidentiary rules and Louisiana substantive law. Appealing a jury verdict in favor of the defendants, the plaintiff raises a number of issues. The two basic contentions are that the trial judge improperly excluded various items of evidence and that he misread Louisiana substantive law. We conclude that the barred evidence was not admissible and that the evidence, construed most...

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