Legal Opinion

Vicon, Inc., Cross-Appellant v. Cmi Corporation, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided September 30, 1981No. 80-3324PublishedCited by 17 opinions

1Opinion of the Court

MARKEY, Chief Judge:

CMI Corporation (CMI) appeals from a judgment of the United States District Court for the Southern District of Mississippi holding it liable to ViCon, Inc. (ViCon) for breach of contract, breach of warranty and tortious misrepresentation relating to the sale of a “hot mix” asphalt plant. CMI also appeals a denial of its motion under Rule 60(b) of the Federal Rules of Civil Procedure (FRCP) to vacate judgment and for a new trial. ViCon cross-appeals that portion of the judgment denying it recovery of interest on the judgment from the filing of the Master’s Report. We affirm.

2Cases cited12 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  4. Mitchell v. CraftMississippi Supreme Court · 1968
  5. Golf City, Inc., Cross v. Wilson Sporting Goods Co., Inc., CrossCourt of Appeals for the Fifth Circuit · 1977

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

3Cited by17 opinions

  1. Boardman v. United Services Auto. Ass'nMississippi Supreme Court · 1985
  2. Edward Bowen v. Charlie Watkins, Chief of Police of the City of Columbus, Mississippi, Etc.Court of Appeals for the Fifth Circuit · 1982
  3. Silva v. StevensSupreme Court of Vermont · 1991
  4. Delhomme Industries, Inc., Cross-Appellant v. Houston Beechcraft, Inc. And Beech Aircraft Corporation, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
  5. Clyde SMITH, Plaintiff-Appellant, v. STATE OF GEORGIA and Department of Human Resources; Et Al., Defendants-AppelleesCourt of Appeals for the Eleventh Circuit · 1982

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

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