2. It seems fairly clear that when the states highest court has declared the state law in...
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2. It seems fairly clear that when the state’s highest court has declared the state law in question, the federal court is required to follow the state’s decision. Does that mean that the federal court is required to treat an established state rule as static, or may it consider lower court decisions and statutory developments to see if the rule is in flux? See Bernhardt v.
Polygraphic Co. of America, 350 U.S. 198, 205, 76 S.Ct. 273, 277, 100 L.Ed. 199, 206 (1956).
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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