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WALTERS v. INEXCO OIL CO.

No. 81-4311 Summary Calendar.

725 F.2d 1014 (1984)

Nevel A. WALTERS and Mrs. Delphia Walters (Nevel A. Walters, et al., Survivors of Mrs. Delphia Walters, deceased), Plaintiffs-Appellants, v. INEXCO OIL COMPANY, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 1984.

Attorney(s) appearing for the Case

Leonard B. Melvin, Jr., Laurel, Miss., for plaintiffs-appellants.

S. Wayne Easterling, Carey R. Varnado, Hattiesburg, Miss., for defendant-appellee.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

We must decide whether Section 11-3-23, Mississippi Code Annotated,1 which imposes a penalty on an unsuccessful appellant, applies in a federal diversity case, and if so, whether the penalty should be applied in this case at the old 5% rate or at the revised 15% rate. Because we found no clear controlling precedent in decisions of the Supreme Court of Mississippi as to the intended reach of the penalty...

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