TaiLexi AI U.S. Case Law

Page W. Acree v. Shell Oil Company

Page W. ACREE, Et Al., Plaintiffs-Appellants, v. SHELL OIL COMPANY, Defendant-Appellee

Acree v. Shell Oil Co., 721 F.2d 524 (5th Cir. 1983)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 22, 1983
Docket
No. 82-3718
Judges
Goldberg, Gee, Tate
Citations
721 F.2d 5241983 U.S. App. LEXIS 14237

Opinion — Per Curiam

PER CURIAM:

This is a Louisiana diversity action. The district court dismissed the plaintiffs’ suit with prejudice.

Acree v. Shell Oil Company, 548 F.Supp. 1150 (M.D.La.1982). As the plaintiffs argue on their appeal, the issues of state law presented are complex and are not clearly governed by controlling Louisiana law or decision. The opposing constructions of state law are supported by almost equally sound reasons. We have concluded that affirmation is appropriate under the principle that a federal district court’s determination on the law in his state is entitled to great weight on review, Smith v. Mobil Corporation, 719 F.2d 1313 (5th Cir.1983), Watson v. Callon Petroleum Co., 632 F.2d 646, 648 (5th Cir.1980) (citing other decisions of this circuit), and that the district court’s interpretation of state law will not be disturbed on appeal unless it is clearly wrong, Ryan v. Foster & Marshall, Inc., 556 F.2d 460, 465 (9th Cir.1977) (other decisions cited).

See also 9 Wright and Miller, Federal Practice and Procedure, § 2588 at 752-53 (1971), citing Freeman v. Continental Gin Company, 381 F.2d 459, 466 (5th Cir.1967).

Accordingly, unable to find the district court’s interpretation of state law to be clearly wrong, we AFFIRM the district court judgment.

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1985: 11986: 41987: 11988: 11989: 21991: 12003: 12004: 319852026peak 1986 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Freeman v. Cont'l Gin Co., 381 F.2d 459 (5th Cir. 1967) 289
Ryan v. Foster & Marshall, Inc., 556 F.2d 460 (9th Cir. 1977) 45
Smith v. Mobil Corp. & Fid. Union Bank, 719 F.2d 1313 (5th Cir. 1983) 21
Lessie Mae Watson v. Callon Petroleum Co., Mrs, 632 F.2d 646 (5th Cir. 1980) 13
Acree v. Shell Oil Co., 548 F. Supp. 1150 (M.D. La. 1982) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list