Legal Opinion · Dissent
Park Electrochemical Corp. v. Delco Electronics Corp.
Court of Appeals for the Ninth Circuit
Decided May 7, 2003No. Nos. 01-15326, 01-15690Published
1DissentTallman, Circuit Judge
Because I believe Nelco was prejudiced by an erroneous jury instruction on the breach of contract claim, I respectfully dissent from Section 1 of the memorandum disposition. Nelco timely objected to the proposed instruction and sought additional language which would have ameliorated the error, satisfying the requirements of Rule 51. See Fed. R. Civ. Pro. 51.
The district court instructed the jury on the breach of contract claim as follows:
In its breach of contract claim, Nelco claims that Delco breached the 1996 extension to the 1994 requirements contract, when Delco stopped purchasing mass…
2Cases cited5 opinions
- Empire Gas Corporation v. American Bakeries CompanyCourt of Appeals for the Seventh Circuit · 1988
- Agfa-Gevaert, A.G., and Agfa-Gevaert, N v. V. A.B. Dick CompanyCourt of Appeals for the Seventh Circuit · 1989
- Technical Assistance International, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1998
- Schawk, Inc. v. Donruss Trading Cards, Inc.Appellate Court of Illinois · 2001
- Tennessee Valley Authority v. Imperial Professional CoatingsDistrict Court, E.D. Tennessee · 1984