Legal Opinion

John F. Tomlin, Trustee v. The Ceres Corporation, Harry I. Neuman, Defendant-Third-Party Mitchell T. Curtis & Co., Inc., Third-Party

Court of Appeals for the Third Circuit

Decided January 29, 1975No. 74-1092PublishedCited by 20 opinions

1Opinion of the Court

COLEMAN, Circuit Judge.

This is a diversity action on a $165,064.54 note and on a contract which guaranteed payment of the note. John Tomlin (payee of the note) filed the action against the limited partnership, Ceres Ranches LTD (the maker of the note), against the Ceres Corporation (the sole general partner of Ceres Ranches LTD) 1 and against Harry I. Neuman and Mitchell T. Curtis & Co., Inc. (guarantors of part payment of the note).

The defendants are closely related. Defendant Mitchell T. Curtis & Co., Inc. owns 75% of defendant Ceres Corporation. Defendant Ceres Corporation is the sole…

2Cases cited19 opinions

  1. Dallas County v. Commercial Union Assurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1961
  2. Luling Oil & Gas Co. v. Humble Oil & Refining Co.Texas Supreme Court · 1945
  3. Riviera Congress Associates ex rel. Lewy v. YasskyNew York Court of Appeals · 1966
  4. Superior Engraving Co. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1950
  5. Emmco Insurance Company v. Wallenius Caribbean Line, S.A., Defendant-Third Party v. Gulfstream Shipping Corporation, Third PartyCourt of Appeals for the Third Circuit · 1974

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3Cited by20 opinions

  1. In the Matter of Pat S. Holloway, Debtor. Browning Interests v. Linda W. AllisonCourt of Appeals for the Fifth Circuit · 1992
  2. James M. Armstrong v. J. A. Collier, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1976
  3. Trinity Carton Company, Inc., Cross-Appellant v. Falstaff Brewing Corp., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  4. Whitfield v. LindemannCourt of Appeals for the Fifth Circuit · 1988
  5. Landis v. MearsDistrict Court of Appeal of Florida · 1976

15 more not listed; retrieve them via the Exa API.

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