Legal Opinion

American Druggists' Insurance Co. v. Equifax, Inc.

District Court, S.D. Ohio

Decided December 12, 1980No. C-1-79-631PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM

HOGAN, District Judge.

This is a diversity case, sounding in tort and contract. It is before this Court on the defendant’s motion for partial summary judgment. 1 The issue is whether an anticipatory release signed by the plaintiff serves to relieve the defendant from liability.

The genuineness of the release is not an issue in this case. 2 It appears to be uncontested that the release in question was signed prior to the alleged acts of Equifax. American Druggists’ Insurance Co. (hereinafter ADIC) alleged that Equifax issued an inspection report, for insurance purposes, on the wrong…

2Cases cited19 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  4. William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
  5. Day & Zimmermann, Inc. v. ChallonerSupreme Court of the United States · 1975

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

3Cited by20 opinions

  1. Barnes Group, Inc. v. C & C Products, Inc., and Roy E. McGuireCourt of Appeals for the Fourth Circuit · 1983
  2. Dorsey v. Contemporary Obstetrics & Gynecology, Inc.Ohio Court of Appeals · 1996
  3. Stacy Sanislo v. Give Kids The World, Inc.Supreme Court of Florida · 2015
  4. Swartzentruber v. Wee-K Corp.Ohio Court of Appeals · 1997
  5. AM International, Inc. v. International Forging Equipment Corp.Court of Appeals for the Sixth Circuit · 1993

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