Mattingly, Inc. v. Beatrice Foods Co.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HOLLOWAY, Chief Judge.
Plaintiffs Mattingly, Inc. and Mattingly Pools, Inc. brought this action against Beatrice Foods Company to recover damages arising from their use of a pool-coating product, initially called Marble Plastic and later called Marbalon. The district judge tried the case without a jury and entered judgment for the Mattinglys, finding that defendant Beatrice had committed fraud and had breached its express warranties, and awarding actual and punitive damages. Beatrice appeals and plaintiffs cross-appeal.
I
THE TRIAL COURT’S FINDINGS AND CONCLUSIONS
Before turning to the appellate…
2Cases cited46 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- Kennedy v. City of SawyerSupreme Court of Kansas · 1980
- Jung Ja Malandris v. Merrill Lynch, Pierce, Fenner & Smith IncorporatedCourt of Appeals for the Tenth Circuit · 1983
- Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
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- 69 Fair empl.prac.cas. (Bna) 163, 67 Empl. Prac. Dec. P 43,785 Laurie Fitzgerald and Aaron Hazard v. The Mountain States Telephone and Telegraph Company D/B/A U.S. West Communications, Inc.Court of Appeals for the Tenth Circuit · 1995
- H. Wayne Palmer & Associates v. Heldor Industries, Inc.District Court, D. Kansas · 1993
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