DeWeerth v. Baldinger
United States Court of Appeals for the Second Circuit
836 F.2d 103 (1987)
Relevant factsFree
DeWeerth's (plaintiff's) Monet painting was stolen from her sister's home in 1945, and despite writing letters to several parties over three years seeking help locating it, she made no further effort until her nephew discovered in 1982 that Baldinger (defendant) had purchased it in good faith from a New York gallery in 1957; the district court found DeWeerth had exercised reasonable diligence and ordered Baldinger to return the painting, and Baldinger appealed.
IssueFree
Whether a federal court, when sitting in diversity, may decide an issue of state law that has not yet been decided by that state's own courts.
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