BANKS

v.

JOHNSTON, WARDEN, ET AL.

Citator

Cited By

• Sw. Airlines Co. v. Tex. Int'l Airlines, Inc., 546 F.2d 84 (5th Cir. 1977)
  …ent minerals on the same land and that the legislature had not provided a solution either. We must also reject appellants’ attempt to apply Louisiana Power & Light Co. v. Thibodaux, 1959, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058, rehearing denied, 360 U.S. 940, 79 S.Ct. 1442, 3 L.Ed.2d 1552, to the Southwest facts. Again the Court considered the law truly unsettled. Id. at 30, 79 S.Ct. 1070. Only through the specious legal argument of the appellants can Texas law on the comparative authority of the cities…
• United Servs. Life Ins. Co. v. Delaney, 328 F.2d 483 (5th Cir. 1964)
  …reasingly recognized the wisdom of staying actions in the federal courts pending determination by a state court of decisive issues of state law.” Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058, reh. den. 360 U.S. 940, 79 S.Ct. 1442, 3 L.Ed.2d 1552. It is appropriate that this Court stay its hand until the courts of the State of Texas shall have declared the law of the [*485] State of Texas which is applicable to and controlling in the disposition of these appeal…
• United States v. Middlebrooks, 431 F.2d 299 (5th Cir. 1970)
  …oper foundation for introducing this ledger under the Business Records Act, 28 U. S.C. § 1732, was not made. See e.g. Burger v. United States, 8 Cir. 1959, 262 F. 2d 946, 954, cert. denied 359 U.S. 990, 79 S.Ct. 1119, 3 L.Ed.2d 979, rehearing denied 360 U.S. 940, 79 S.Ct. 1446, 3 L.Ed.2d 1552. The trial court is accorded an area of discretion in determining admissibility of documents as business records and its rulings should not be disturbed unless that discretion has been abused. O’Brien v. United States…