American Home Assurance Co. v. Spicer

Fifth Circuit

American Home Assurance Co. v. Spicer

402 F.2d 988

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 13, 1968

DocketNo. 25737

StatusPublished

Cited by1 cases

This text of 402 F.2d 988 (American Home Assurance Co. v. Spicer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Home Assurance Co. v. Spicer, 402 F.2d 988 (5th Cir. 1968).

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PER CURIAM:

We have carefully considered the record and briefs in this case, and conclude that the judgment of the district court reaches the correct conclusion by reasoning that is unassailable. We have also carefully considered the original opinion, supplemented by the opinion following appellant’s motion for reconsideration in the court below, both written, as they were, by a distinguished District Judge for the Northern District of Georgia who had himself served for a number of years as a judge of the Superior Court of the state of Georgia. Being a diversity case as to which this court should pay substantial deference to the views of the trial court of the state involved, where jurisprudence at the highest level of the state court is lacking, we consider that we can do nothing better with respect to our judgment that the case should be affirmed than to accept and adopt the opinion of the trial court, which we do. See 292 F.Supp. 27.

Affirmed.

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PER CURIAM:

We have carefully considered the record and briefs in this case, and conclude that the judgment of the district court reaches the correct conclusion by reasoning that is unassailable. We have also carefully considered the original opinion, supplemented by the opinion following appellant’s motion for reconsideration in the court below, both written, as they were, by a distinguished District Judge for the Northern District of Georgia who had himself served for a number of years as a judge of the Superior Court of the state of Georgia. Being a diversity case as to which this court should pay substantial deference to the views of the trial court of the state involved, where jurisprudence at the highest level of the state court is lacking, we consider that we can do nothing better with respect to our judgment that the case should be affirmed than to accept and adopt the opinion of the trial court, which we do. See 292 F.Supp. 27.

Affirmed.

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402 F.2d 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-home-assurance-co-v-spicer-ca5-1968.

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