Huddleston v. Dwyer,
322 U.S. 232 (1944)

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U.S. Supreme Court

Huddleston v. Dwyer, 322 U.S. 232 (1944)

Huddleston v. Dwyer

No. 628

Argued April 25, 1944

Decided May 15, 1944

322 U.S. 232


1. It is the duty of the federal appellate courts, as well as the trial court, to ascertain and apply the state law where that law controls the decision. P. 322 U. S. 236.

2. A judgment of a federal court in a case ruled by state law, correctly applying that law as authoritatively declared by the state courts when the judgment was rendered, must be reversed on appellate review if, in the meantime, the state courts have disapproved their former rulings and adopted different ones. P. 322 U. S. 236.

3. This Court ordinarily will not decide questions of state law which may conveniently be decided first by the court whose judgment is here on review. P. 322 U. S. 237.

4. Upon review here of a judgment of the Circuit Court of Appeals in a case in which the decision is controlled by state law, it appears that a decision of the highest court of the State, rendered subsequently to those on which the Circuit Court of Appeals relied, has at least raised such doubt as to the applicable state law as to require its reexamination. The judgment therefore is vacated, and the cause remanded to the Circuit Court of Appeals for reconsideration in the light of the subsequent state court decision. P. 322 U. S. 236.

137 F.2d 383 vacated.

Page 322 U. S. 233

Certiorari, 321 U.S. 759, to review the affirmance of an order directing a levy of taxes to provide funds for the payment of respondent bondholders.

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