Legal Opinion

Carnation Company v. T.U. Parks Construction Company

Court of Appeals for the Sixth Circuit

Decided April 21, 1987No. 86-5237PublishedCited by 16 opinions

1Opinion of the Court

BAILEY BROWN, Senior Circuit Judge.

This appeal presents two questions. The first is whether, in a diversity case, a claim is barred in federal district court if it would be barred by the state’s compulsory counterclaim rule if asserted in a state court of the state in which the district court sits. If the answer to this question is that the claim would be barred in federal court, the second question is whether this appellant’s claim would be barred by the state’s compulsory counterclaim rule if asserted in a Tennessee court. The district court answered both questions in the affirmative and…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Swift v. TysonSupreme Court of the United States · 1842
  5. Angel v. BullingtonSupreme Court of the United States · 1947

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Deborah W. Kane and Andrew Kane v. Magna Mixer Company and Paul L. KramerCourt of Appeals for the Sixth Circuit · 1995
  2. John Pochiro and Karen Pochiro, Husband and Wife v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1987
  3. Dionte Tyler v. DH Capital Management, Inc.Court of Appeals for the Sixth Circuit · 2013
  4. Robinson v. Texhoma Limestone, Inc.Supreme Court of Oklahoma · 2004
  5. Tamarin Lindenberg v. Jackson Nat'l Life Ins. Co.Court of Appeals for the Sixth Circuit · 2019

11 more not listed; retrieve them via the Exa API.

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