U.S. Court of Appeals for the Fifth Circuit, 1967

Malcolm L. Pines v. Samuel Zemurray

Malcolm L. Pines v. Samuel Zemurray
U.S. Court of Appeals for the Fifth Circuit · Decided November 2, 1967 · Jones, Godbold, Scott
384 F.2d 998; 1967 U.S. App. LEXIS 4651 (Federal Reporter, Second Series)

Malcolm L. Pines v. Samuel Zemurray

Opinion

PER CURIAM:

After testimony in this cause had been taken before the district court on behalf of the plaintiff, who is the appellant here, a judgment was directed for the defendant. Federal jurisdiction was based on diversity of citizenship and the right of recovery was controlled by the law of Louisiana. The district court, having considered the facts disclosed by the evidence and the law of the State of Louisiana, concluded that the appellant had failed to carry the burden of proof *999 and failed to establish his case. It is the opinion of this Court that no other conclusion could properly have been made. Therefore, the judgment of the district court is

Affirmed.

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