Legal Opinion

Noonan South, Inc., A/K/A Noonan-Killos, Inc., a Pennsylvania Corporation v. The County of Volusia, a County in Florida

Court of Appeals for the Eleventh Circuit

Decided March 28, 1988No. 87-3521PublishedCited by 55 opinions

1Opinion of the Court

VANCE, Circuit Judge:

Plaintiff Noonan South appeals from the district court’s dismissal of its breach of contract claim. The court dismissed Noo-nan South’s claim because of the pendency of a state court action involving the same dispute. We reverse.

In January 1984 Noonan South, a Pennsylvania corporation, entered into a contract with Volusia County, Florida for the construction of the Volusia County Branch Jail. During construction a number of disputes arose between Noonan South and Volusia County, and upon the jail’s completion Volusia County withheld a portion of the agreed price. The…

2Cases cited4 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
  4. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979

3Cited by55 opinions

  1. Villa Marina Yacht Sales, Inc. v. Hatteras YachtsCourt of Appeals for the First Circuit · 1990
  2. Ambrosia Coal & Construction Co. v. Pagés MoralesCourt of Appeals for the Eleventh Circuit · 2004
  3. Lops v. LopsCourt of Appeals for the Eleventh Circuit · 1998
  4. Fru-Con Construction Corp. v. Controlled Air, Inc.Court of Appeals for the Eighth Circuit · 2009
  5. Cathy Jackson-Platts v. General Electric Capital CorporationCourt of Appeals for the Eleventh Circuit · 2013

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