Legal Opinion

Tel-Phonic Services, Inc., William Kirk, and John Bowen v. Tbs International, Inc. A/K/A Dy-Con, International, Inc. And the Dispatch Printing Company

Court of Appeals for the Fifth Circuit

Decided October 23, 1992No. 91-1790PublishedCited by 324 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

We are asked to review the sufficiency of a multiple-claim complaint. Plaintiff John Bowen contracted with Defendant TBS International, Inc., to purchase computer equipment and to market TBS’s telephone-calling software and recordings. A superseding contract between TBS and Plaintiff Tel-Phonic Services, Inc., a corporation jointly owned by Bowen and Plaintiff William Kirk, extended Plaintiffs’ marketing area and redefined the parties’ rights.

According to the complaint and amended complaint, a series of service problems followed the initial contract, such as failure of…

2Cases cited43 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Van Dusen v. BarrackSupreme Court of the United States · 1964
  3. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971

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

3Cited by324 opinions

  1. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  2. Tuchman v. DSC Communications Corp.Court of Appeals for the Fifth Circuit · 1994
  3. Benchmark Electronics, Inc. v. J.M. Huber Corp.Court of Appeals for the Fifth Circuit · 2003
  4. Abry Partners V, L.P. v. F & W Acquisition LLCCourt of Chancery of Delaware · 2006
  5. Melder v. MorrisCourt of Appeals for the Fifth Circuit · 1994

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

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