Finkle v. Gulf & Western Manufacturing Co.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Jule Finkle, Jack Finkle and Jack H. Felzer (hereinafter referred to as “Finkle”) joint venturers, trustees under deeds of *1017trust and lessors of a commercial property, appeal from the judgment entered on a directed verdict denying their claim for a payment that the district court held was an unenforceable penalty. Philmont Steel Products, Inc. (Philmont), assignee of the lease at issue, cross-appeals from the judgment denying its claim for damages it sustained by being forced to vacate the property, which judgment was also entered on a directed…
2Cases cited22 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
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3Cited by4 opinions
- Thomas H. Ross Inc. v. SeigfreidSuperior Court of Pennsylvania · 1991
- Pitcavage v. Mastercraft Boat Co.District Court, M.D. Pennsylvania · 1985
- Gilbane Building Co. v. Nemours FoundationDistrict Court, D. Delaware · 1985
- Jule Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 10, 1962 Jack Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 11, 1962 Jack Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 12, 1962 Jule Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 13, 1962, as Joint Venturers Under Joint Venture Agreement Dated April 14, 1962, in No. 83-1465 v. Gulf & Western Manufacturing Company and Gulf & Western Industries, Inc., in No. 83-1465 v. Philmont Steel Products, Inc., in No. 83-1465, Cross-Appellant in No. 83-1476 v. Jule Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 10, 1962 Jack Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 11, 1962 Jack Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 12, 1962 Jule Finkle and Jack H. Felzer, Trustees Under Deed of Trust Dated April 13, 1962, as Joint Venturers Under Joint Venture Agreement Dated April 14, 1962, Cross-Appellees in No. 83-1476Court of Appeals for the Third Circuit · 1984