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WALTERS v. INEXCO OIL CO.

No. 53841.

440 So.2d 268 (1983)

Nevel A. WALTERS and Mrs. Delphia Walters, Appellants, v. INEXCO OIL COMPANY, A Delaware Corporation, Appellee.

Supreme Court of Mississippi.

Rehearing Denied November 16, 1983.

Attorney(s) appearing for the Case

Melvin & Melvin, Leonard B. Melvin, Jr., Sarah L. Entrekin, Laurel, for appellants.

Roberts & Easterling, S. Wayne Easterling, Hattiesburg, for appellee.

Before PATTERSON, C.J., and BOWLING and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I. Introduction

At the heart of this case is the question whether our statute1 requiring assessment of a penalty against an unsuccessful appellant in this Court should be enforced in the federal courts under the Erie2 doctrine.

In the case at bar, the United States District Court for the Southern District of Mississippi held that the penalty...

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