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State ex rel. Attorney General v. Irhy, 81 S. W.

(2d) 419;

Jolley V. Clemens, 82 Pac. (2d) 51;

Lihhy v. Southern Pac. Railway, 219 Pac. 604.

That the Federal Courts must now follow the state

decisions on questions of unwritten or common law has

become so well settled by the case of Erie Railroad Co. v.

Tompkins, 304 U. S. 64, that plaintiff will not burden

the Court with any further discussion on this phase of

the matter.

14 Am. Jur., Section 90, page 303 ;

Madden v. Commomvealth of Kentucky, 309

Therefore, a single reading of the Carey opinion

(Carey v. Hearst Publications, Inc., Vol. 119, Wash.

Dec, 997), we respectfully submit, calls for a reversal

of this case and a remand for retrial.

For all of the reasons set forth in this brief, appellant

respectfully submits that the judgment of the United

States District Court in said cause should be reversed

and the case remanded to the United States District

Court for retrial. /^

^Prr'^r^^

Attorney for Appellant.

BERNARD L. SWERLAND,

1208 Old National Bank Bldg.,

Spokane, Washington,

Attorney for Appellant.

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