Legal Opinion

Nanakuli Paving & Rock Co. v. Shell Oil Co.

Court of Appeals for the Ninth Circuit

Decided December 21, 1981No. Nos. 78-2667, 78-2670PublishedCited by 25 opinions

1Opinion of the Court

HOFFMAN, District Judge:

Appellant Nanakuli Paving and Rock Company (Nanakuli) initially filed this breach of contract action against appellee Shell Oil Company (Shell) in Hawaiian State Court in February, 1976.1 Nanakuli, the second largest asphaltic paving contractor in Hawaii, had bought all its asphalt requirements from 1963 to 1974 from Shell under two long-term supply contracts; its suit charged Shell with breach of the later 1969 contract.2 The jury returned a verdict of $220,800 for Nanakuli on its first claim, which is that Shell breached the 1969 contract in January, 1974, by failing…

2Cases cited35 opinions

  1. Paymaster Oil Mill Company v. MitchellMississippi Supreme Court · 1975
  2. Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1968
  3. Columbia Nitrogen Corporation v. Royster CompanyCourt of Appeals for the Fourth Circuit · 1971
  4. Braund, Inc. v. WhiteAlaska Supreme Court · 1971
  5. Luria Brothers & Co., Inc. v. Pielet Brothers Scrap Iron & Metal, Inc.Court of Appeals for the Seventh Circuit · 1979

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3Cited by25 opinions

  1. Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  2. Hilton Hotels Corp. v. Butch Lewis Productions, Inc.Nevada Supreme Court · 1991
  3. Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
  4. Edwin R. O'Neill v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  5. Paragon Resources, Inc. v. National Fuel Gas Distribution CorporationCourt of Appeals for the Fifth Circuit · 1983

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