Legal Opinion
Emor, Inc. v. Cyprus Mines Corp.
District Court, W.D. Pennsylvania
Decided December 1, 1970No. Civ. A. No. 68-821PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
MARSH, Chief Judge.
This diversity ex-contractu case was tried non-jury. The stipulations of the parties were made part of the evidence. The Pennsylvania conflict of laws rules apply. Klaxon Co. v. Stentor Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). The contracts to be construed are a Sales Agreement (PX 110) and a Letter Agreement (PX 146) which involved a sale by plaintiffs and counter-defendants, Emor, Inc. and Delcalo, Inc., of the assets and business of Rome Cable Corporation (Rome) to the defendant and counterclaimant, Cyprus Mines Corporation (Cyprus). Emor,…
2Cases cited31 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
- United States v. New River Collieries Co.Supreme Court of the United States · 1923
- United States v. Aluminum Co. of AmericaSupreme Court of the United States · 1964
- Northwest'n Nat. Bk. v. Com'nw'lth.Supreme Court of Pennsylvania · 1942
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3Cited by3 opinions
- Emor, Inc. v. Cyprus Mines Corp.Court of Appeals for the Third Circuit · 1972
- Sharp Ex Rel. Commercial Financial Services, Inc. v. Chase Manhattan Bank USA, N.A. (In Re Commercial Financial Services, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 2005
- Emor, Inc., in No. 71-1671, and Delcalo, Inc. v. Cyprus Mines Corporation, in No. 71-1673 v. Aluminum Company of America (Counterdefendant). Appeal of Delcalo, Inc., in No. 71-1672Court of Appeals for the Third Circuit · 1972