Nolan v. Transocean Air Lines, 365 U.S. 293 (1961)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

With jurisdiction based solely on diversity of citizenship, this action was brought in a Federal District Court in New York to recover under the California Wrongful Death Statute for the death in California of a passenger on an airplane operated by a California corporation. Applying what it believed to be applicable California law, as declared by its intermediate appellate tribunals, the District Court dismissed the action as barred by limitations, and the Court of Appeals affirmed.

Held: the judgment of the Court of Appeals is vacated, and the case is remanded to that Court for reconsideration in the light of a considered dictum of the Supreme Court of California, announced after the ruling of the District Court and not brought to the attention of the Court of Appeals, which might lead to a different result. Pp. 293-296.

Reported below: 276 F. 2d 280.