Legal Opinion
Mid-South Towing Company v. Har-Win, Inc. v. Okc Corporation Liquidating Trust
Court of Appeals for the Fifth Circuit
Decided June 4, 1984No. 82-3680PublishedCited by 136 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This is an appeal from the District Court’s enforcement by summary judgment of an agreement to settle a case pending before the Court. The defendant OKC contends that the agreement was invalid for two reasons: (1) OKC’s attorney, although believing he had authority to settle the case, actually did not have authority, and (2) even if counsel had authority, the settlement was based on a mistake by OKC regarding the existence of certain evidence. As to the second issue, we hold that if there was a.mistake, it was at most a unilateral mistake of fact, which standing…
2Cases cited14 opinions
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Teodore Dorotee Autera v. Manuel Dudley Robinson, Anthony C. Autera v. Manuel Dudley RobinsonCourt of Appeals for the D.C. Circuit · 1969
- Williams v. First Nat. Bank of Pauls ValleySupreme Court of the United States · 1910
- Billy G. Asberry v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1982
- Louis E. FULGENCE, Plaintiff-Appellant, v. J. RAY McDERMOTT & CO., Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- Tiernan v. DevoeCourt of Appeals for the Third Circuit · 1991
- Louis Fennell v. Tlb Kent Company and Joseph PietrykaCourt of Appeals for the Second Circuit · 1989
- Callie v. NearCourt of Appeals for the Ninth Circuit · 1987
- Willie E. Morgan v. South Bend Community School Corporation and James P. Scamman, DefendantsCourt of Appeals for the Seventh Circuit · 1986
- William P. Wilson v. John G. Wilson, Thomas S. Wilson, and Fsw, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
131 more not listed; retrieve them via the Exa API.