MONARCH INSURANCE COMPANY OF OHIO v. SPACH

No. 17889.

281 F.2d 401 (1960)

MONARCH INSURANCE COMPANY OF OHIO, Appellant, v. May SPACH, as Receiver for Ro-Ben, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1960.


Attorney(s) appearing for the Case

Geo. J. Baya, Miami, Fla., for appellant.

Stephen C. McAliley, James A. Smith, Wicker & Smith, Miami, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

In what would otherwise be an ordinary run-of-the-mill diversity suit granting recovery under a fire insurance policy for property located in Florida, there is presented an issue on a specific piece of evidence tendered and excluded which brings the question to the brink of the constitution. The precise question is whether a federal court sitting in Florida could, by virtue of a specific Florida statute, exclude testimony which otherwise...

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