Legal Opinion
National Can Corp. v. Whittaker Corp.
District Court, N.D. Illinois
Decided January 13, 1981No. 80 C 2008PublishedCited by 39 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
National Can Corporation (“National Can”) has filed an eight-count Complaint charging Whittaker Corporation (“Whittaker”) with supplying two types of defective solid Polyvinyl Chloride (“PVC”) compounds for use in making seals and gaskets for soft drink and beer bottle caps (“crowns”). 1 Counts I through VI allege breach of various warranties, while Counts VII and VIII allege the tort of negligent misrepresentation. Whittaker has moved to dismiss the latter two Counts under Fed. R.Civ.P. 12(b)(6). For the reasons stated in this memorandum…
2Cases cited8 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
- Rozny v. MarnulIllinois Supreme Court · 1969
- Jones & Laughlin Steel Corp. v. Johns-Manville Sales Corp.Court of Appeals for the Third Circuit · 1980
- Album Graphics, Inc. v. Beatrice Foods Co.Appellate Court of Illinois · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Allstate Insurance Company, as Subrogee of Sam Lakhia v. Menards, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
- State Ex Rel. Bronster v. United States Steel Corp.Hawaii Supreme Court · 1996
- Fed. Sec. L. Rep. P 94,352 Martin A. Rankow v. First Chicago Corp.Court of Appeals for the First Circuit · 1989
- Black, Jackson & Simmons Insurance Brokerage, Inc. v. International Business MacHines Corp.Appellate Court of Illinois · 1982
- Nelson v. Todd's Ltd.Supreme Court of Iowa · 1988
34 more not listed; retrieve them via the Exa API.