Legal Opinion
E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.
Court of Appeals for the Fifth Circuit
Decided September 14, 1977No. 75-1794PublishedCited by 100 opinions
1Per curiam
Ernst, McCauley and Providence have petitioned for a rehearing of numerous aspects of our original opinion in this case, 551 F.2d 1026 (CA5,1977). We modify that opinion in the following regards.
1. Ernst challenges our agreement with the district court’s calculation of damages due from Fairbanks for fraud in connection with its generator contract, 551 F.2d at 1035, asserting that it was shortchanged by $5,541, the amount that it would have charged Manhattan for installation had Fairbanks actually supplied the generator.
By requiring Fairbanks to compensate Ernst only for the amount Ernst paid…
2Cases cited6 opinions
- Carcich v. Rederi A/B NordieCourt of Appeals for the Second Circuit · 1968
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Cornell & Company, Inc., a Corporation v. Barber & Ross Company, a CorporationCourt of Appeals for the D.C. Circuit · 1966
- Jewell v. Jackson & Whitsitt Cotton Co.Supreme Court of Alabama · 1976
- Carolina Throwing Company, Inc. v. S & E Novelty Corporation and Rome Knitting MillsCourt of Appeals for the Fourth Circuit · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Morewitz v. West of England Ship Owners Mutual Protection & Indemnity Ass'n (Luxembourg)Court of Appeals for the Eleventh Circuit · 1995
- Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
- Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George WilmotCourt of Appeals for the Fifth Circuit · 1986
- S & H Contractors, Inc., a Corporation v. A.J. Taft Coal Company, Inc., a Corporation, A.J. Taft Coal Company, Inc. v. S & H Contractors, Inc.Court of Appeals for the Eleventh Circuit · 1990
- National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc., Harold T. HedgesCourt of Appeals for the D.C. Circuit · 1987
95 more not listed; retrieve them via the Exa API.