IN RE MITCHELL; SPILKA
v.
MICHIGAN NAT. BANK
PER CURIAM.
This appeal having been heard upon the record, briefs and argument of counsel for the respective parties,
And the Court being of the view that the opinion of the Attorney General of Ohio construing the statute herein involved, is not controlling in the decision of this case within the meaning of the rule announced in Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188; In re Avery, 6 Cir., 114 F. 2d 768, 770; In re Zaepfel & Russell, Inc., D.C., 49 F.Supp. 709, 710, affirmed Farmer’s State Bank v. Jones, 6 Cir., 135 F. 2d 215; Leddy v. Cornell, 52 Colo. 189, 120 P. 153, 38 L.R.A.,N.S., 918; Follmer v. State, 94 Neb. 217, 142 N.W. 908; Jones v. Williams, 121 Tex. 94, 45 S.W. 2d 130, 79 A.L.R. 983;
And that the construction and application of the statute to the facts of this case, as made by the District Judge, is, not erroneous;
It is ordered that the judgment of the District Court be affirmed on the grounds and for the reasons stated in the opinion of the District Judge.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Loye v. Denver United States Nat'l Bank, 341 F.2d 402 (10th Cir. 1965)
Authorities Cited
- Erie R.R. Co. v. Tompkins, 304 U.S. 64 (U.S. 1938)
- In re Avery. Avery v. Avery, 114 F.2d 768 (6th Cir. 1940)
- Farmers State Bank v. Morris W. Jones in Bankr. for Zaepfel & Russell, Inc., 135 F.2d 215 (6th Cir. 1943)
- Ginder v. Harleysville Mut. Cas. Co., 135 F.2d 215 (3d Cir. 1943)