Moore v. Illinois Central R. Co., 312 U.S. 630 (1941)

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Moore v. Illinois Central Railroad Co.

No. 550

Argued March 12, 1941
Decided March 31, 1941
312 U.S. 630

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. A ruling by the state supreme court made on review of the first trial of an action on contract and determining the applicable state statute of limitations must be followed by the federal courts on a second trial, after removal, in the absence of any intervening change by legislation or by ruling of the state supreme court. P. 633.

2. Although a state supreme courts consider itself free, on a second trial, to reconsider and overrule interpretations of state law made on the first review, the Circuit Court of Appeals, upon review following a second trial, after removal, is nevertheless bound by the state court’s interpretations. P. 633.

3. The right of a workman to sue a railroad company for wrongful discharge is not dependent upon prior exhaustion of his administrative remedies under the Railway Labor Act. P. 634.

112 F.2d 959, reversed; judgment of the District Court, 24 F.Supp. 731, affirmed.

Certiorari, 311 U.S. 643, to review a judgment of the Circuit Court of Appeals reversing a judgment recovered by the plaintiff in the District Court in an action against a railroad company for wrongful discharge from employment.