Legal Opinion
John S. Clark Company v. Faggert & Frieden, P.C.
Court of Appeals for the Fourth Circuit
Decided September 18, 1995No. 94-2255PublishedCited by 114 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Justice POWELL and Judge WILKINS joined.
OPINION
BUTZNER, Senior Circuit Judge:
John S. Clark Company appeals the judgment of the district court that dismissed its action on the ground of judicial estoppel. We believe that dismissal on this basis is improper when the facts alleged to have prompted a prior, inconsistent position are in dispute. We reverse and remand the case for trial.
I
Clark, a Florida construction company with its principal place of business in North Carolina, contracted with Walker &…
2Cases cited4 opinions
- Grady Allen v. Zurich Insurance CompanyCourt of Appeals for the Fourth Circuit · 1982
- Athanasios Konstantinidis and Vasiliki Konstantinidis, His Wife v. C. N. Chen, M. DCourt of Appeals for the D.C. Circuit · 1980
- Johnson Service Company v. Transamerica Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Tenneco Chemicals, Inc. v. William T. Burnett & Co., Inc., and Reeves Brothers, Inc.Court of Appeals for the Fourth Circuit · 1983
3Cited by114 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Zinkand v. BrownCourt of Appeals for the Fourth Circuit · 2007
- Matthew SIMON, Plaintiff-Appellant, v. SAFELITE GLASS CORPORATION, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
- Lowery v. StovallCourt of Appeals for the Fourth Circuit · 1996
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