Doggrell v. Southern Box Co., Inc. Of Mississippi

208 F.2d 310, 1953 U.S. App. LEXIS 3054

• Court: Court of Appeals for the Sixth Circuit
• Decided: December 1, 1953
• Docket: 11701
• Status: Published

Opinions

McALLISTER, Circuit Judge.

For the reasons stated in the dissenting opinion heretofore filed, and because of the decisions of the Supreme Court of Tennessee in the cases of Paper Products Co. v. Doggrell, 261 S.W.2d 127; and Turner Brass Works, a Corporation, The Meyercord Company, a Corporation v. Frank E. Doggrell, Jr., and W. G. Konz (Decided July 17, 1953), unreported, as well as the decision and opinion of the Supreme Court of Tennessee on the petition for rehearing of Paper Products Co. v. Doggrell, 261 S.W.2d 130, all filed during the pendency of a motion for rehearing in the above entitled cause, in which it was held that the provision of the Arkansas statute in question was a penal statute and would not be enforced by the courts of Tennessee, and that appellant was a stockholder in a de facto corporation and, according to the law of Tennessee, would not be individually liable for the payment of the debts of the Arkansas corporation, I am of the opinion that the petition for rehearing should be granted; that the opinion heretofore filed should be set aside; and that a judgment should be entered in favor of appellant.

MILLER, Circuit Judge.

Although I am not in agreement with the recent opinion of the Supreme Court of Tennessee in the case of Paper Products Co. v. Doggrell, Tenn.Sup., 261 S. W.2d 127, rehearing denied October 9, 1953, Tenn.Sup., 261 S.W.2d 130, I am of the opinion that under the authority of Erie R. Co. v. Tompkins, 304 U.S. 64. 58 S.Ct. 817, 82 L.Ed. 1188; Vandenbark v. Owens-Illinois Glass Co., 311 U. S. 538, 61 S.Ct. 347, 85 L.Ed. 327; Klaxon Co. v. Stentor Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477, and Guaranty Trust Co. v. York, 326 U.S. 99, 109-110, 65 S.Ct. 1464, 89 L.Ed. 2079, the ruling in that case is controlling in this case, with the result that the petition for rehearing should be granted and the judgment of the District Court be reversed.