Legal Opinion
Western Contracting Corporation v. The Dow Chemical Company, the Dow Chemical Company v. Western Contracting Corporation
Court of Appeals for the Eighth Circuit
Decided December 1, 1981No. 81-1339PublishedCited by 19 opinions
1Opinion of the Court
LAY, Chief Judge.
This appeal arises from consolidated cases brought by Western Contracting Corporation (Western) on grounds of breach of contract and fraud and by Dow Chemical Company (Dow) for payments due and for foreclosure of a mechanic’s lien. Pursuant to a trial to the court, the Honorable Earl R. Larson presiding, a judgment of $328,177.11 was entered for Dow, and Western appeals, claiming that: (1) the trial court erred in concluding that the contract unambiguously required Dow to exercise its “best efforts” regarding fragmentation; (2) the trial court erred in finding that Dow, in…
2Cases cited3 opinions
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Republic National Life Insurance Co. v. Lorraine Realty Corp.Supreme Court of Minnesota · 1979
- Swanson v. Baker Industries, Inc.Court of Appeals for the Eighth Circuit · 1980
3Cited by19 opinions
- Olympia Hotels Corp. v. Johnson Wax Development Corp.Court of Appeals for the Seventh Circuit · 1990
- John Morrell & Company v. Local Union 304a of the United Food and Commercial Workers, Afl-Cio United Food and Commercial Workers International Union, Afl-Cio and Clc Dennis Foster, Individually and in His Capacity as President of Local 304a James R. Lyons, Individually and in His Capacity as Business Representative and Corresponding Secretary of Local 304a John Doe and Other Persons Unknown, John Morrell & Company, a Corporation v. Local Union 304a of the United Food and Commercial Workers, Afl-Cio and Clc United Food and Commercial Workers International Union, Afl-Cio and ClcCourt of Appeals for the Eighth Circuit · 1990
- In Re STEVENSON ASSOCIATES, INC., Debtor. Charles W. STEVENSON, Appellant, v. STEVENSON ASSOCIATES, AppelleeCourt of Appeals for the Eighth Circuit · 1985
- Marvin Lumber and Cedar Company Marvin Windows of Tennessee, Inc. v. Ppg Industries, Inc., Third Party v. Elf Atochem North America, Inc., Third Party Minnesota, Amicus on Behalf OfCourt of Appeals for the Third Circuit · 2000
- International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America (Uaw) v. General Electric CompanyCourt of Appeals for the Eighth Circuit · 1983
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