Pierce v. Cook & Co. case brief summary
518 F.2d 720 (10th Cir. 1975)
Appellants, an employee's family
members, sought review of a judgment of the United States District
Court for the Western District of Oklahoma, which granted summary
judgment in favor of appellee employer.
CASE FACTS A driver was killed and his passengers
injured after colliding with a tractor-trailer. The family members
and passengers filed an action against the tractor-trailer driver's
employer, and the employer removed the case to federal court on the
basis of diversity. One passenger's case was dismissed and refiled in
state court because diversity had been destroyed. The district court
granted summary judgment in favor of the employer. The family and
passengers appealed, and the court held that a prior decision
The state supreme court specifically overruled the prior
The district court's decision became final before the state
The state court returned a verdict in favor of the
The family members and other passengers filed a motion for
relief from judgment under Fed. R. Civ. P. 60(b).
The court held
that the outcome determination principle had been
The motion for relief from judgment was granted. The court vacated
its earlier judgment in the case and remanded the case to federal
court. Recommended Supplements for Civil Procedure
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