American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The major question for decision in this diversity case tried non-jury under Pennsylvania law is whether, in the absence of agreement, goods lost by a bailee are valued at the time of bailment or at the time the bailor demands their return. The district court determined damages based on the value of the goods at the time of bailment and the bailor appeals. The bailee’s cross-appeal requires us to decide as a threshold matter whether the district court erred in concluding that the bailment was for mutual benefit requiring the bailee to exercise…
2Cases cited32 opinions
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
- Laudenberger v. Port Auth. of AlleghenySupreme Court of Pennsylvania · 1981
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Jarvis v. JohnsonCourt of Appeals for the Third Circuit · 1982
- Penneys v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1962
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3Cited by54 opinions
- Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
- Bolus v. United Penn BankSupreme Court of Pennsylvania · 1987
- Daset Mining Corp. v. Industrial Fuels Corp.Supreme Court of Pennsylvania · 1984
- The Trustees of the University of Pennsylvania v. Lexington Insurance Company v. Affiliated Risk Control Administrators of Pennsylvania, Inc. And Insurance Company of North America, Aetna Insurance Company, Cigna Companies and Johnson & Higgins of Pennsylvania, Inc. And Alexander & Alexander, Inc. And Duane Morris & Heckscher, a Pennsylvania Partnership and McCabe James J. Esquire Individually and Medical Professional Liability Catastrophe Loss FundCourt of Appeals for the Third Circuit · 1987
- Hughes v. Consol-Pennsylvania Coal Co.Court of Appeals for the Third Circuit · 1991
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