Legal Opinion
EPCO Carbon Dioxide Products, Inc. v. JP Morgan Chase Bank, NA
Court of Appeals for the Fifth Circuit
Decided October 6, 2006No. 05-30958PublishedCited by 95 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
EPCO Carbon Dioxide Products, Inc. (“EPCO”), appeals the dismissal of its breach of contract, abuse of rights, and bad faith claims against JP Morgan Chase Bank, NA (“Chase”). Because EPCO’s complaint pleads sufficient allegations to state a claim on which relief can be granted, we reverse and remand.
I
Because this case was resolved on motion to dismiss, the allegations in the complaint must be liberally construed in favor of the plaintiff, and all facts pleaded in the complaint must be taken as true. Lowrey v. Tex. A&M Univ. Sys., 117 F.3d 242, 247 (5th…
2Cases cited8 opinions
- Kansa Reinsurance Co., Ltd. v. Congressional Mortg. Corp. of TexasCourt of Appeals for the Fifth Circuit · 1994
- Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven MestemacherCourt of Appeals for the Fifth Circuit · 2003
- Alton Robinson v. Aetna Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 2006
- James H. Thompson, Jr., Individually and D/B/A Rusty Thompson Mid Town Auto Service v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Jackson v. WidnallCourt of Appeals for the Fifth Circuit · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
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- Encompass Office Solutions, Inc. v. Ingenix, Inc.District Court, E.D. Texas · 2011
- In Re Chinese Manufactured Drywall Products Liability LitigationDistrict Court, E.D. Louisiana · 2010
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