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DeWeerth v. Baldinger (II)

United States District Court for the Southern District of New York

804 F. Supp. 539 (1992)

Relevant factsFree

After the Second Circuit ruled against DeWeerth (plaintiff) based on its prediction that New York law required reasonable diligence in locating a stolen painting's good-faith purchaser, New York's Court of Appeals — the state's actual highest court — later overruled that prediction in a separate case; DeWeerth moved under Rule 60(b)(6) for relief from the Second Circuit's earlier judgment against her.

IssueFree

Whether the ruling of a state's court of last resort overrules the ruling of a federal court sitting in diversity when interpreting state law.

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