Legal Opinion

Ergo Science, Inc. v. Martin

Court of Appeals for the Fifth Circuit

Decided January 29, 1996No. 94-11106, 94-11107PublishedCited by 102 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The central issue in this appeal is whether a district court can rely upon statements made by counsel in open court disavowing any interest in an interpleaded fund. Because as a matter of federal civil procedure a district court can hold counsel to his word, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This controversy is rooted in a contract dispute between Ergo Science Incorporated (“Ergo”) and appellant Elite Therapeutics, Inc. (“ETI”). Ergo holds the license for commercial development of certain medical technologies for the treatment of obesity and diabetes. ETI…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. United States v. Bobby Ray McCaskey A/K/A Snake and Lionel Legard A/K/A MaxCourt of Appeals for the Fifth Circuit · 1993
  2. Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
  3. Government Financial Services One Ltd. Partnership v. Peyton Place, Inc.Court of Appeals for the Fifth Circuit · 1995
  4. Rohm & Hass Texas, Inc. v. Ortiz Brothers Insulation, Inc.Court of Appeals for the Fifth Circuit · 1994
  5. First Interstate Bank of Arizona, N.A. v. Interfund CorporationCourt of Appeals for the First Circuit · 1991

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3Cited by102 opinions

  1. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  2. RSR Corp. v. International InsuranceCourt of Appeals for the Fifth Circuit · 2010
  3. Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
  4. Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi NegaraCourt of Appeals for the Fifth Circuit · 2004
  5. Hall v. GE Plastic Pacific PTE Ltd.Court of Appeals for the Fifth Circuit · 2003

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