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VESELITS BY CRUTHIRDS v. VESELITS

No. 87-4221 Summary Calendar.

824 F.2d 391 (1987)

Stephine VESELITS, A Minor, by Laneeta R. CRUTHIRDS, as Guardian, Grandmother and Next Friend, Plaintiff-Appellant, v. Robert J. VESELITS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 1987.

Attorney(s) appearing for the Case

Amanda B. Kennerly, Ocean Springs, Miss., Briley Richmond, Biloxi, Miss., for plaintiff-appellant.

Wm. H. Myers, Pascagoula, Miss., for defendant-appellee.

Before GEE, RUBIN and HILL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A child asserts a claim against her father in this diversity suit for the wrongful death of her mother, urging this court to ignore a Mississippi Supreme Court decision holding that a minor child cannot bring a tort action against her parent. Bound by the steel rails of Erie Railroad, we cannot disregard Mississippi law as interpreted by its Supreme Court, nor extend state law into new territory. We, therefore, affirm the judgment...

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