Legal Opinion

Spencer, White & Prentis Incorporated of Connecticut v. Pfizer Incorporated

Court of Appeals for the Second Circuit

Decided June 3, 1974No. 839, Docket 73-2810PublishedCited by 917 opinions

1Opinion of the Court

CHRISTENSEN, Senior District Judge:

This is an appeal from a summary judgment entered by the district court in favor of a contractor for the balance on a construction agreement. The stated ground was that the owner’s counterclaims for damages suffered in the execution of the work by the contractor constituted “the only defense asserted by the defendants” but that such defense was without merit. As a part of the same order, the district court had “severed” plaintiff’s claim from these counterclaims, presumably because the latter required separate future adjudication, upon a finding that “a…

2Cases cited23 opinions

  1. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  2. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  3. Biggins v. Oltmer Iron WorksCourt of Appeals for the Seventh Circuit · 1946
  4. The First National Bank of Cincinnati v. Sidney Pepper, Elsie W. Cox, Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc.Court of Appeals for the First Circuit · 1972
  5. The Union Insurance Society of Canton, Ltd. v. William Gluckin & Co., Inc.Court of Appeals for the Second Circuit · 1965

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3Cited by917 opinions

  1. Pitney Bowes, Inc., Cross-Appellee v. Celina Mestre, Personal Representative of the Estate of Luis Mestre, Deceased, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1983
  2. CVI/Beta Ventures, Inc. v. Custom Optical Frames, Inc.District Court, D. Maryland · 1995
  3. Michael P. Gaffney, Thomas Bell, Edward Anderson v. Riverboat Services of Indiana, Incorporated, Riverboat Services, Incorporated, Robert Heitmeier v. Showboat Marina Casino Partnership, Showboat, Incorporated, Showboat Indiana, IncorporatedCourt of Appeals for the Seventh Circuit · 2006
  4. Sandra L. Rice v. Sunrise Express, Incorporated, Gainey Corporation and Sunrise U.S.A., IncorporatedCourt of Appeals for the Seventh Circuit · 2000
  5. Atari, Inc. v. Js & a Group, Inc.Court of Appeals for the Federal Circuit · 1984

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