No. 89-1629.

499 U.S. 225 (1991)


Supreme Court of the United States.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Steven E. Snow argued the cause and filed a brief for petitioner.

Edward T. Hogan argued the cause for respondent. With him on the brief was Thomas S. Hogan.*

JUSTICE BLACKMUN delivered the opinion of the Court.

The concept of a federal general common law, lurking (to use Justice Holmes' phrase) as a "brooding omnipresence in the sky," was questioned for some time before being firmly rejected in Erie R. Co. v. Tompkins, 304 U.S. 64 (1938). See Southern Pacific Co. v. Jensen, 244 U.S. 205, 222 (1917) (Holmes, J., dissenting); Black...

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