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erie - #13



The Second Circuit of Appeals must find that the question of liability
is not one of general law but of state law.  Therefore, it would have to
decide whether the Penn law actually denied liability about Erie.  If it
finds that Penn law actually does preclude, then Erie wins.  If not,
Erie loses.  If this is a case of first impression, then the Appeals
court could certify the question to the Penn Supreme Court.