Legal Opinion
Arthur Magill v. Gulf & Western Industries, Inc.
Court of Appeals for the Fourth Circuit
Decided July 12, 1984No. 82-2000PublishedCited by 43 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
In this action for a declaratory judgment based on federal diversity jurisdiction, the district court granted defendant Gulf & Western Industries, Inc., (Gulf & Western) summary judgment on its counterclaim against plaintiff Arthur Magill for breach of contract warranty and denied the claims of Magill in the complaint. Because there were material issues of fact as to Magill’s “knowledge,” a critical element of his warranties, we vacate and remand.
Magill was the principal shareholder as well as a director, chairman of the executive committee-, and officer of Her Majesty…
2Cases cited8 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
- Alan B. Morrison v. Nissan Motor Co., Ltd., Nissan Motor Corporation in U. S. A., S. & R. Inc., D/B/A Vob Datsun SalesCourt of Appeals for the Fourth Circuit · 1979
- Pierce v. Ford Motor Co. Mahone v. Ford Motor CoCourt of Appeals for the Fourth Circuit · 1951
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Richard J. Dalton v. Capital Associated Industries, Incorporated George E. Shelton,iii Wayne L. Lehto John B. Gupton,defendants-AppelleesCourt of Appeals for the Fourth Circuit · 2001
- Luxliner P.L. Export, Co. v. RDI/Luxliner, Inc.Court of Appeals for the Third Circuit · 1993
- Tunis Brothers Company, Inc. v. Ford Motor CompanyCourt of Appeals for the Third Circuit · 1985
- Unlimited Screw Products, Inc. v. MalmDistrict Court, E.D. Virginia · 1991
- Tunis Bros. v. Ford Motor Co.Court of Appeals for the Third Circuit · 1985
38 more not listed; retrieve them via the Exa API.