Legal Opinion

Delta Refrigeration Co., Inc. v. Upjohn Co.

District Court, W.D. Louisiana

Decided May 25, 1977No. Civ. A. 750136PublishedCited by 11 opinions

1Opinion of the Court

DAWKINS, Senior Judge.

RULING ON THE MERITS

In this diversity action, Delta Refrigeration Company (Delta) claims monetary damages from The Upjohn Company (Upjohn) for materially misrepresenting facts concerning a polyurethane spray foam which the latter sold to the former. Defendant counterclaims for the outstanding balance on an account plaintiff has with Upjohn. Our jurisdiction rests upon 28 U.S.C. § 1382, and venue is proper.

LIABILITY

Delta was incorporated in 1972. Several persons, who later owned and worked for plaintiff, had observed polyurethane being sprayed to insulate buildings. They…

2Cases cited7 opinions

  1. Naquin v. Marquette Casualty CompanySupreme Court of Louisiana · 1963
  2. Morein v. GJ Deville Lumber Co.Louisiana Court of Appeal · 1968
  3. Fox v. American Steel Building Co., Inc.Louisiana Court of Appeal · 1974
  4. Foggin v. General Guaranty Insurance CompanyLouisiana Court of Appeal · 1968
  5. Culpepper v. Natchitoches Parish School Bd.Louisiana Court of Appeal · 1976

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

3Cited by11 opinions

  1. Ralph E. Murphy, Cross-Appellee v. Georgia-Pacific Corporation, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1980
  2. Ppg Industries, Inc. v. Industrial Laminates CorporationCourt of Appeals for the Fifth Circuit · 1982
  3. Seafoam, Inc. v. Barrier Systems, Inc.Court of Appeals for the Fifth Circuit · 1987
  4. Delta Refrigeration Co., Inc. v. Upjohn Co.Court of Appeals for the Fifth Circuit · 1978
  5. Slagle v. MorganLouisiana Court of Appeal · 1982

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

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