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Bornstein v. Citizens National Bank of Orlando

United States Court of Appeals, Fifth Circuit
Dec 14, 1979
606 F.2d 114 (5th Cir. 1979)

Opinion

No. 75-2965.

November 8, 1979. Rehearing Denied December 14, 1979.

Winifred J. Sharp, Orlando, Fla., for defendant-appellant.

Hugh M. Palmer, Orlando, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Middle District of Florida; George C. Young.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.


In this diversity case there are no fact issues. The questions presented require the determination and application of Florida law. This Court certified the questions presented to the Supreme Court of Florida. Bornstein v. Citizens National Bank of Orlando, 5th Cir. 1977, 564 F.2d 721. The questions have been answered by the Florida court. Citizens National Bank of Orlando v. Barbara Bornstein, 1979, 374 So.2d 6. The answers given require that the judgment of the district court be and it is hereby

AFFIRMED.


Summaries of

Bornstein v. Citizens National Bank of Orlando

United States Court of Appeals, Fifth Circuit
Dec 14, 1979
606 F.2d 114 (5th Cir. 1979)
Case details for

Bornstein v. Citizens National Bank of Orlando

Case Details

Full title:BARBARA BORNSTEIN, AS TRUSTEE FOR NATIONAL INDEMNITY COMPANY OF OMAHA…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 14, 1979

Citations

606 F.2d 114 (5th Cir. 1979)

Citing Cases

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In Bornstein II, the supreme court did not decide the priority dispute because the court's role was limited…