Legal Opinion
Emswiler v. McCoy
District Court, S.D. West Virginia
Decided November 21, 1985No. Civ. A. 3:85-0462PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are the motions for summary judgment filed on behalf of each of the Defendants. The Plaintiff is the owner and operator of Kanawha Landscaping Service, which has been engaged in specialty contracting in West Virginia since 1970. In September, 1983, the Plaintiff was completing a landscaping at Beechfork Lake Campground. The Plaintiff went to Wayne Lumber Company, where he had done business before, to order mulch. Emswiler told a clerk that the entire sum owing for the mulch, which was ordered by the truckload, would be paid for at the…
2Cases cited15 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Edelman v. JordanSupreme Court of the United States · 1974
- Stump v. SparkmanSupreme Court of the United States · 1978
- Monroe v. PapeSupreme Court of the United States · 1961
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
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3Cited by2 opinions
- Anthony Della Grotta v. State of Rhode IslandCourt of Appeals for the First Circuit · 1986
- Carey v. DostertWest Virginia Supreme Court · 1991