Empire Electronics Co., Inc. v. United States
Court of Appeals for the Second Circuit
1Opinion of the Court
KAUFMAN, Circuit Judge.
Plaintiff Empire Electronics Co., Inc. (hereafter Empire) appeals from an order entered on a cross-motion for summary judgment by the defendant. We find that summary judgment under Rule 56 of the Federal Rules of Civil Procedure was improperly employed to resolve the dispute presented to the District Court, and we thex*efore reverse and remand for further proceedings consistent with this opinion.
This action for conversion was brought to recover the value of certain cables presently in the possession of the United States Government. On October 19, 1955, the Signal Corps…
2Cases cited15 opinions
- Toebelman v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Third Circuit · 1942
- Ramsouer v. Midland Valley R. Co.Court of Appeals for the Eighth Circuit · 1943
- The Alabama Great Southern Railroad Company v. Louisville and Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1955
- Hycon Manufacturing Company v. H. Koch & Sons, a Partnership Consisting of M. P. Koch, W. L. Koch, H. M. Koch and R. Koch AbelCourt of Appeals for the Ninth Circuit · 1955
- Firemen's Mut. Ins. Co. v. Aponaug Mfg. Co.Court of Appeals for the Fifth Circuit · 1945
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3Cited by179 opinions
- 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
- R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
- Patrick v. LeFevreCourt of Appeals for the Second Circuit · 1984
- American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
- Mary Elizabeth Foy Donnelly v. H. Gibson GuionCourt of Appeals for the Second Circuit · 1972
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