Legal Opinion

Exxon Corporation v. Maryland Casualty Company

Court of Appeals for the Fifth Circuit

Decided July 26, 1979No. 79-1357PublishedCited by 93 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Maryland Casualty Company has filed a motion to dismiss this appeal of Exxon Corporation as premature. In order to explain the unusual context in which we find this motion and our action in granting it, we briefly review the events below.

As a result of the failure of one of its customers, Lambert, 1 to pay its bills, Exxon filed a diversity suit against the customer’s surety, Maryland Casualty, alleging that Maryland Casualty was responsible for the unpaid bills. The suit was based on two separate but overlapping claims. The first claim 2 was based on the…

2Cases cited6 opinions

  1. James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical WorkersCourt of Appeals for the Fifth Circuit · 1977
  2. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  3. McLellan v. Mississippi Power & Light Co.Court of Appeals for the Fifth Circuit · 1976
  4. Albert H. Carter v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1977
  5. Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973

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

3Cited by93 opinions

  1. Hells Canyon Preservation Council v. U.S. Forest ServiceCourt of Appeals for the Ninth Circuit · 2005
  2. Gene M. Oswalt Et Vir v. Scripto, Inc., Defendant-Third Party v. Tokai-Seiki Kk, a Japanese Corporation, Defendant-Third PartyCourt of Appeals for the Third Circuit · 1980
  3. Ethridge V. Harbor House RestaurantCourt of Appeals for the Ninth Circuit · 1988
  4. General Signal Corporation, Plaintiff-Appellant-Cross-Appellee v. MCI Telecommunications Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1995
  5. Hells Canyon Preservation Council v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2005

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

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