Legal Opinion

Wagner Tractor, Inc. v. Shields

Court of Appeals for the Ninth Circuit

Decided December 15, 1966No. Nos. 20745, 20758PublishedCited by 1 opinion

1Opinion of the Court

BARNES, Circuit Judge:

This is a consolidation of two appeals from the United States District Court for the District of Oregon. The trial court’s jurisdiction was based upon 28 U.S.C. § 1332. This court has jurisdiction under 28 U.S.C. § 1291.

Wagner Tractor, Inc. (hereinafter “Wagner”) is a manufacturer of construction and farm machinery. Shields is the trustee in bankruptcy for Frost Machinery Company, Ltd. (hereinafter “Frost”). Frost was a dealer in Wagner products.

In April of 1959, Wagner sold a Wagner Tractor Model IND-14, Serial No. 2019, to Frost, f. o. b. Portland, Oregon. Delivery was…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. McAllister v. United StatesSupreme Court of the United States · 1954
  3. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  4. Public Market Co. v. City of PortlandOregon Supreme Court · 1942
  5. Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885

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3Cited by1 opinion

  1. Wagner Tractor, Inc., and Fwd Wagner, Inc. v. W. E. Shields, Trustee in Bankruptcy for Frost MacHinery Company, Ltd., W. E. Shields, Trustee in Bankruptcy for Frost MacHinery Company, Ltd. v. Wagner Tractor, Inc., and Fwd Wagner, Inc.Court of Appeals for the Ninth Circuit · 1966

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