Court of Appeals for the Fifth Circuit September 21, 1978, 76-4067 (Verona Deloach Downs v. J. M. Huber Corporation)

GODBOLD, Circuit Judge:

Between the trial and the appeal of this diversity case the Texas Supreme Court

*795

rendered a decision that undercuts the basis for the trial court’s directed verdict for the defendant. We must decide whether the intervening state court decision operates retroactively. We conclude that it does and reverse and remand for further proceedings.