Legal Opinion

The Mead Corporation v. David Abeles, Ira D. Cohen, Solomon Klausner, Edward Probst and Max Scheman

Court of Appeals for the Fifth Circuit

Decided June 28, 1976No. 74--4069PublishedCited by 4 opinions

1Opinion of the Court

DYER, Circuit Judge:

In this interpleader action Mead Corporation (Mead) seeks a determination that it is entitled to set-off against rent due to Cohen Associates (Cohen) certain sums which it had previously expended for repair of premises leased from Cohen’s predecessor in title, Overmyer Corporations (Overmyer). 1 The district court determined that a settlement between Mead and Overmyer barred any right Mead may have had to proceed against Cohen. Although we do not reach the precise question resolved by the district court, we agree with its conclusion and affirm.

In 1966, Overmyer leased a…

2Cases cited5 opinions

  1. Willcox v. KehoeSupreme Court of Georgia · 1905
  2. Collier v. Bank of TupeloSupreme Court of Georgia · 1940
  3. Routon v. Woodbury Banking Co.Supreme Court of Georgia · 1953
  4. West View Corp. v. Thunderbolt Yacht Basin Inc.Supreme Court of Georgia · 1951
  5. Abrams v. JoelCourt of Appeals of Georgia · 1963

3Cited by4 opinions

  1. Ible v. DeWindtSupreme Court of The Virgin Islands · 1985
  2. Mead Corp. v. AbelesCourt of Appeals for the Fifth Circuit · 1976
  3. Soutullo v. SmithDistrict Court, N.D. Mississippi · 2020
  4. Soutullo v. SmithDistrict Court, N.D. Mississippi · 2021

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