Legal Opinion

Miller v. Weller

Court of Appeals for the Third Circuit

Decided March 14, 1961No. 13377PublishedCited by 11 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This is an appeal from a summary-judgment for the plaintiff in a suit for an accounting and damages based on a partnership withdrawal agreement. Federal jurisdiction is based on diversity.1 While the facts are not so very clear the negotiation of the contract and its performance all seem to have a Pennsylvania setting and the law of Pennsylvania is, therefore, applicable. Pa. Annots., Restatement, Conflict of Laws ■§ 332 (1936). The plaintiff, Miller, was a retiring member from a partnership composed of himself and the defendants. Most of the terms governing the…

2Cases cited8 opinions

  1. Waldman v. ShoemakerSupreme Court of Pennsylvania · 1951
  2. Birdsall v. CoolidgeSupreme Court of the United States · 1876
  3. Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
  4. Kanter v. SafranSupreme Court of Florida · 1953
  5. Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945

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3Cited by11 opinions

  1. Levenson v. MobleyNew Mexico Supreme Court · 1987
  2. Hodges v. RodriguezSuperior Court of Pennsylvania · 1994
  3. Federal Insurance v. Susquehanna Broadcasting Co.District Court, M.D. Pennsylvania · 1989
  4. Whole Enchilada, Inc. v. Travelers Property Casualty Co. of AmericaDistrict Court, W.D. Pennsylvania · 2008
  5. Bodle v. BodleCalifornia Court of Appeal · 1978

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

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