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U.S. Court of Appeals for the Eighth Circuit, 1962

State Securities Co. v. Federated Mutual Implement & Hardware Insurance

State Securities Co. v. Federated Mutual Implement & Hardware Insurance
U.S. Court of Appeals for the Eighth Circuit · Decided October 9, 1962
308 F.2d 452 (Federal Reporter, Second Series)

Counsel

Fred J. Patz, Lincoln, Neb., made argument for the appellant and Sterling F. Mutz, Lincoln, Neb., was on the brief., F. B. Baylor, Lincoln, Neb., made argument for the appellee and Baylor, Evnen, Baylor & Urbom by F. B. Baylor, Lincoln, Neb., was on the brief.

State Securities Co. v. Federated Mutual Implement & Hardware Insurance

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Opinion of the Court

PER CURIAM.

We affirm the judgment for the defendant (appellee) in this diversity case governed by Nebraska law and tried to Judge John W. Delehant without a jury. He has written an exhaustive opinion, reported in D.C., 204 F.Supp. 207, to which we can add nothing. That opinion and the briefs of the parties have convinced us that the judgment appealed from represents, at the very least, a permissible conclusion with respect to a doubtful question of Nebraska law, which this Court will not reverse. Homolla v. Gluck, 8 Cir., 248 F.2d 731, 733; Weiby v. Farmers Mutual Automobile Insurance Co., 8 Cir., 273 F.2d 327, 331; Village of Brooten v. Cudahy Packing Company, 8 Cir., 291 F.2d 284, 301.

Affirmed.

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