Legal Opinion
Commercial Metals Company v. Sol Walker, D/B/A Sol Walker & Company, Etc.
Court of Appeals for the Fifth Circuit
Decided March 2, 1971No. 30039_1PublishedCited by 9 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
This Florida-based diversity action was brought by Commercial Metals Company [Commercial] to recover an alleged overpayment of $28,025.89 from Sol Walker & Company [Walker] for scrap metal. Walker denied overpayment, contending that payment had been made in accordance with the terms of the contract. Walker filed requests for admissions, which were not answered, and thereafter moved for summary judgment. Commercial filed several affidavits in opposition to the motion which were not controverted by Walker. Based on the pleadings, admissions and affidavits on file, the…
2Cases cited3 opinions
- Lighting Fixture and Electric Supply Co. Inc. v. The Continental Insurance Co., and Electric Supply Co. Inc.Court of Appeals for the Fifth Circuit · 1969
- United States v. Maude M. BurketCourt of Appeals for the Fifth Circuit · 1968
- William F. Cole v. Chevron Chemical Company, Oronite Division, and Third-Partyplaintiff-Appellee v. Mechanical Contracting Engineers, Inc. And Libertymutual Insurance Company, Third-PartyCourt of Appeals for the Third Circuit · 1970
3Cited by9 opinions
- Bricklayers, Masons and Plasterers International Union of America, Local Union No. 15, Orlando, Florida v. Stuart Plastering Company, Inc.Court of Appeals for the Fifth Circuit · 1975
- Transource International, Inc. v. Trinity Industries, Inc., a Texas CorporationCourt of Appeals for the Fifth Circuit · 1984
- Patrick Edwin Golden, Jr. v. Kentile Floors, Inc.Court of Appeals for the Fifth Circuit · 1973
- Forrest v. Capital Building & Loan AssociationDistrict Court, M.D. Louisiana · 1973
- Corporate Jet Aviation, Inc. v. Vantress (In Re Corporate Jet Aviation, Inc.)United States Bankruptcy Court, N.D. Georgia · 1985
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