Legal Opinion

Emerson Electric Co. v. Guy F. Farmer

Court of Appeals for the Fifth Circuit

Decided June 15, 1970No. 28107_1PublishedCited by 71 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This case involves a little thermal electronics, a little of the romance of business acquisitions through debt positions, a little plain and fancy misrepresentation of the products’ proficiency, and a little Florida law on fraud. But mostly it involves the more prosaic problem of the use of F.R.Civ.P. 41(b) 1 on dismissals on the merits at the close of the Plaintiff’s case. What complicates it is not the misuse of the rule so much as it is the contradictory findings and conclusions resulting from findings and conclusions now called for and those inherent in the…

2Cases cited13 opinions

  1. Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968
  2. Ramel v. Chasebrook Construction CompanyDistrict Court of Appeal of Florida · 1961
  3. Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  4. Manuel Ellis v. Victor M. CarterCourt of Appeals for the Ninth Circuit · 1964
  5. Wheeler v. BaarsSupreme Court of Florida · 1894

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3Cited by71 opinions

  1. EBC, Inc. v. Clark Building System, Inc.Court of Appeals for the Third Circuit · 2010
  2. Kendall Sherman and Arthur Sherman, Jr. v. Fred H. HallbauerCourt of Appeals for the Fifth Circuit · 1972
  3. Ruth Kitchen v. Chippewa Valley Schools Chippewa Valley School Board of Education George Depillo Thomas Scullen and Edward SkowneskiCourt of Appeals for the Sixth Circuit · 1987
  4. Parson v. Kaiser Aluminum & Chemical Corp.Court of Appeals for the Fifth Circuit · 1978
  5. Henry Wade Cox v. C. H. Masland & Sons, Inc., a Corporation, and Textile Workers Union of America, Local 1882Court of Appeals for the Fifth Circuit · 1980

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

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