Legal Opinion

Lakeland Tool and Engineering, Inc. v. Thermo-Serv, Inc.

Court of Appeals for the Eighth Circuit

Decided October 16, 1990No. 90-5020MNPublishedCited by 13 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

Thermo-Serv, Inc. (Thermo-Serv) appeals the district court’s 1 entry of summary judgment in favor of Lakeland Tool and Engineering, Inc. (Lakeland) based on Thermo-Serv’s breach of contract and failure to pay on a promissory note. Thermo-Serv contends that summary judgment was inappropriate because there are unresolved questions of fact relating to its affirmative defense, its counterclaim, and the meaning of the parties’ agreement. After full consideration of Thermo-Serv’s arguments, we affirm the district court’s judgment.

I. BACKGROUND

Thermo-Serv is a…

2Cases cited16 opinions

  1. Woodsmith Publishing Co. v. Meredith CorporationCourt of Appeals for the Eighth Circuit · 1990
  2. Ollerman v. O'Rourke Co., Inc.Wisconsin Supreme Court · 1980
  3. Hunt v. IBM Mid America Employees Federal Credit UnionSupreme Court of Minnesota · 1986
  4. Klein v. First Edina National BankSupreme Court of Minnesota · 1972
  5. Osterberger v. Hites Construction Co.Missouri Court of Appeals · 1980

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

3Cited by13 opinions

  1. State Farm Fire & Cas. Co. v. OwenSupreme Court of Alabama · 1999
  2. Winthrop Resources Corporation, a Minnesota Corporation v. Eaton Hydraulics, Inc., Formerly Known as Vickers, Inc., a Delaware CorporationCourt of Appeals for the Eighth Circuit · 2004
  3. Maurice Sunderland Architecture, Inc. v. SimonCourt of Appeals for the Eighth Circuit · 1993
  4. L & A Contracting Co. v. Southern Concrete Services, Inc.Court of Appeals for the Fifth Circuit · 1994
  5. Kellogg Square Partnership, a Minnesota Partnership, Debtor-In-Possession v. The Prudential Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1995

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

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