Legal Opinion

Itel Capital Corporation, a Corporation, Cross-Appellant v. Cups Coal Company, Incorporated, a Corporation and Herman Mulvehill, Cross-Appellees

Court of Appeals for the Eleventh Circuit

Decided June 23, 1983No. 81-7703PublishedCited by 94 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

Defendants Cups Coal Company, Inc., an Alabama mining company, and Cups’ president and 97% owner, Herman Mulvehill, appeal from a jury verdict in favor of Itel Capital - Corporation, a California capital equipment leasing company which leased equipment to Cups. Itel’s amended complaint, based on diversity jurisdiction, alleged conspiracy and fraud by Cups and Mulvehill and claimed a right to payment under the leases and to possession of the equipment leased. Cups and Mulvehill counterclaimed, alleging, inter alia, misrepresentation, conspiracy, and fraud. 1 The trial…

2Cases cited22 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
  3. Barbara MARKS and Shirley Johnson, Plaintiffs-Appellees, v. PRATTCO, INC., Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1979
  4. Mrs. Harvey Stancill v. McKenzie Tank Lines, Inc., and Carriers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1974
  5. Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment CompanyCourt of Appeals for the Fifth Circuit · 1976

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3Cited by94 opinions

  1. City of Tuscaloosa v. Harcros Chemicals, Inc.Court of Appeals for the Eleventh Circuit · 1998
  2. United States v. Moreno L. Keplinger, Paul L. Wright, and James B. PlankCourt of Appeals for the Seventh Circuit · 1985
  3. Sidney Lundy Claire Lundy v. Adamar of New Jersey, Inc., T/a Trop World, Defendant/third Party v. Dr. Domenic Frank Carlino, Individually Dr. Domenic Frank Carlino, a Professional Association, Third-PartyCourt of Appeals for the Third Circuit · 1994
  4. G.M. Brod & Company, Inc., a Florida Corporation, Cross-Appellant v. U.S. Home Corporation, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
  5. Wayne v. JarvisCourt of Appeals for the Eleventh Circuit · 1999

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