NAQUIN v. PRUDENTIAL ASSURANCE CO., LTD.

No. 94-30480.

71 F.3d 512 (1995)

Tommy NAQUIN, et al., Plaintiffs-Appellants, v. PRUDENTIAL ASSURANCE CO., LTD., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 13, 1995.


Attorney(s) appearing for the Case

Jerry B. Read, Biloxi, MS, for appellants.

Harold K. Watson, Michael L. Goldstone, Liddell, Sapp, Ziveley, Brown & Laboon, Houston, TX, Warren M. Faris, James R. Swanson, Stone, Pigman, Walther, Wittmann & Hutchinson, L.L.P., New Orleans, Mat M. Gray, III, Thomas C.W. Ellis, Rice, Fowler, Kingsmill, Vance, Flint & Booth, New Orleans, Richard M. Perles, Kops, Lee, Futrell & Perles, L.L.P., New Orleans, for appellees.

Before SMITH, WIENER and DeMOSS, Circuit Judges.


BY THE COURT:

After this panel heard oral argument of the subject case on August 9, 1995, we filed an opinion certifying questions of state law to the Supreme Court of Louisiana.1 That court, however, declined to accept certification, with Chief Justice Calogero casting the lone vote to accept certification. Refusal to accept certification thus required this court to make an "Erie guess" and decide the case. Before we were able...

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