Legal Opinion
Earman Oil Company, Inc. And Courtesy House, Inc., Florida Corporations v. Burroughs Corporation, a Michigan Corporation
Court of Appeals for the Fifth Circuit
Decided September 19, 1980No. 78-1785PublishedCited by 28 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
Inappropriate for certification because of the unusual posture of the issues and their straightforward, settled nature, 1 this case takes us down the Florida law spur of Erie R. R. v. Tompkins. 2 A number of questions line the tracks. When is a lease not a lease? What effect should be given to the terms of a contract which was executory and was in a sense not carried out by the parties? How can disclaimers and limitations of liability be unconscionable as a matter of law? To find the answers, we look to Florida’s general contract law and to its version of the…
2Cases cited40 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979
- American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
35 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- John Stevenson v. Trw Inc.Court of Appeals for the Fifth Circuit · 1993
- Green Tree Financial Corporatoin v. WamplerSupreme Court of Alabama · 1999
- ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORP., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- El Paso Natural Gas Co. v. Minco Oil & Gas Co., Texas Court of Appeals, 7th District (Amarillo)1998
- Kenneth Lindemann, Jeff Lindemann, and Ronnie Terrall, D/B/A Lindemann Farms v. Eli Lilly and CompanyCourt of Appeals for the Fifth Circuit · 1987
23 more not listed; retrieve them via the Exa API.