Legal Opinion
Bill Mercer v. Long Mfg. N.C., Inc.
Court of Appeals for the Fifth Circuit
Decided January 4, 1982No. 79-2346PublishedCited by 28 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
In this appeal, Long Manufacturing (Long), the manufacturer of a peanut combine, challenges the judgment entered against it as being based on inconsistent answers to special interrogatories under F.R.Civ.P. 49(a). The case was submitted to the jury by general charge with four special interrogatories, one for each of the three theories of liability — (i) breach of warranty, (ii) violation of the Texas Deceptive Trade Practices — Consumer Protection Act (DTPA) 1 , and (iii) strict liability — and one for the amount of damages. Long also challenges the damage…
2Cases cited25 opinions
- Winters v. New YorkSupreme Court of the United States · 1948
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Pennington v. SingletonTexas Supreme Court · 1980
- Smith v. BaldwinTexas Supreme Court · 1980
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1986
- Ellis v. Weasler Engineering Inc.Court of Appeals for the Fifth Circuit · 2001
- Harold E. Alverez, Cross-Appellee v. J. Ray McDermott & Co., Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1982
- Loeffel Steel Products, Inc. v. Delta Brands, Inc.District Court, N.D. Illinois · 2005
- Bill Mercer v. Long Mfg. N. C., Inc.Court of Appeals for the Fifth Circuit · 1982
23 more not listed; retrieve them via the Exa API.