Legal Opinion

American Cyanamid Company v. Fermenta Animal Health Company, a Delaware Corporation

Court of Appeals for the Third Circuit

Decided May 8, 1995No. 94-5413PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The issue in this case is whether a 1980 contract between the parties and a 1983 amendment thereto conveyed to American Cyanamid Company (“Cyanamid”) perpetual rights to use the federal regulatory authority of Fermenta Animal Health Company (“Fer-menta”) to market an animal feed supplement. Cyanamid marketed the drug under the trademark Aureozol. Before the district court, both sides maintained that these documents are unambiguous, although each side differed on what was unambiguously stated therein. The district court held that “the plain language…

2Cases cited8 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
  3. Brenner v. Local 514, United Brotherhood Of Carpenters And Joiners Of AmericaCourt of Appeals for the Third Circuit · 1991
  4. Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
  5. Kroblin Refrigerated Xpress, Inc. v. PitterichCourt of Appeals for the Third Circuit · 1986

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

3Cited by46 opinions

  1. Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995
  2. Emerson Radio Corp. v. Orion Sales, Inc. Otake Trading Co. Ltd. Technos Development Limited Shigemasa Otake John Richard BondCourt of Appeals for the Third Circuit · 2001
  3. Sumitomo MacHinery Corporation of America, Inc. v. Alliedsignal, Inc.Court of Appeals for the Third Circuit · 1996
  4. Kolbe v. BAC Home Loans Servicing, LPCourt of Appeals for the First Circuit · 2013
  5. Biovail Corp. International v. Hoechst AktiengesellschaftDistrict Court, D. New Jersey · 1999

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

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