FEDERAL COURTS - DECISIONS OF STATE INTERMEDIATE COURTS AS STATE LAW TO BE APPLIED BY FEDERAL COURTS

The Circuit Court of Appeals for the Sixth Circuit held that a federal district court in Ohio was not bound by a decision of the Cuyahoga County Court of Appeals to the effect that in a case of wrongful transfer of shares of stock, a demand and refusal was necessary to start the statute of limitations running. On certiorari, held, that, in ascertaining what the state law is, lower state court decisions are data which are not to be disregarded by a federal court, unless it is convinced by other persuasive data that the highest court of the state would decide otherwise. West v. American Telephone & Telegraph Co., (U.S. 1940) 6r S. Ct. 179