Legal Opinion

Electrical and Magneto Service Co. Inc., a Missouri Corporation v. Ambac International Corporation, a Delaware Corporation

Court of Appeals for the Eighth Circuit

Decided September 17, 1991No. 90-2798PublishedCited by 34 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

Electrical and Magneto Service Company, Incorporated (“EMS”) appeals the district court’s entry of summary judgment. We reverse.

I. BACKGROUND

In April 1984, United Technical Diesel Systems (“United”) entered a franchise agreement with EMS. EMS distributed diesel equipment manufactured by United. The agreement contained a clause stating that the contract was to be “construed and enforced in accordance with the laws of the State in which the Company’s principal office is located.” The agreement defined “the Company” as United, whose principal office was…

2Cases cited8 opinions

  1. Modern Computer Systems, Inc. v. Modern Banking Systems, Inc. Modern Banking Systems of Southern WisconsinCourt of Appeals for the Eighth Circuit · 1989
  2. Whirlpool Corp. v. RitterCourt of Appeals for the Eighth Circuit · 1991
  3. Fleming v. Moore Brothers Realty Co.Supreme Court of Missouri · 1952
  4. State Ex Rel. Kemp v. HodgeSupreme Court of Missouri · 1982
  5. City of St. Louis v. CarpenterSupreme Court of Missouri · 1961

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

3Cited by34 opinions

  1. Huch v. Charter Communications, Inc.Supreme Court of Missouri · 2009
  2. High Life Sales Co. v. Brown-Forman Corp.Supreme Court of Missouri · 1992
  3. Baxter International, Inc., Baxter Healthcare Corp., Baxter Diagnostics, Inc. v. Roger J. Morris, Dr.Court of Appeals for the Eighth Circuit · 1992
  4. Williams v. SmithCourt of Appeals of Tennessee · 2014
  5. Armstrong Business Services, Inc. v. H & R BlockMissouri Court of Appeals · 2002

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

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