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FIRST NATIONAL BANK OF BOSTON v. BECKWITH MACHINERY COMPANY

No. 93-3631.

26 F.3d 580 (1994)

The FIRST NATIONAL BANK OF BOSTON, Plaintiff-Appellee, v. BECKWITH MACHINERY COMPANY, Intervenor-Appellant, v. VIKING MARITEC, INC., Defendant.

United States Court of Appeals, Fifth Circuit.

July 22, 1994.

Attorney(s) appearing for the Case

Peter J. Butler, Aubrey B. Hirsch, Jr., Locke Purnell Rain Harrell, P.C., New Orleans, LA, Eric A. Schaffer, Reed, Smith, Shaw & McClay, Pittsburgh, PA, for appellant.

David S. Willenzik, Rudy J. Cerone, Timothy H. Scott, McGlinchey Stafford Lang, L.C., New Orleans, LA, for appellee.

Before JOHNSON, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:

Because the determinative issue in this case is clearly a matter of Louisiana law, because there has been no ruling by a Louisiana court on this issue, and because there is no federal issue in this case, we hereby invoke the certification privilege granted by Rule XII of the RULES OF THE SUPREME COURT OF LOUISIANA.1 Both the plaintiff and the intervenor, when asked at oral argument whether they would object to certification...

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