Legal Opinion
Christopher W. Ross, Individually and D/B/A 4r Ornamental Iron Company v. Imperial Construction Company, Inc. And Imperial Group, Ltd.
Court of Appeals for the Fifth Circuit
Decided May 5, 1978No. 76-3206PublishedCited by 16 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
The question presented on appeal is whether, under Alabama law, 1 appellees are entitled to recover from Imperial Group, Ltd. sums due and owing under subcontracts with Imperial Construction Co. The district court, following a consolidated trial without a jury, entered judgments against Imperial Group on the theory that appellees 2 were third party beneficiaries of a “Completion Guarantee” executed by Imperial Group and the First National Bank of Mobile, Alabama. We reverse.
On September 20,1973, one Lenn Christie obtained a $2.8 million construction loan from the First…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Reigel Fiber Corporation v. Anderson Gin Company, Reibel Fiber Corporation v. Ellis BrothersCourt of Appeals for the Fifth Circuit · 1975
- Fidelity Deposit Co. of Baltimore, Md. v. RainerSupreme Court of Alabama · 1929
- Harris v. Board of Water and Sewer Com'rs of City of MobileSupreme Court of Alabama · 1975
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fort Lincoln Civic Ass'n v. Fort Lincoln New Town Corp.District of Columbia Court of Appeals · 2008
- Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.Court of Appeals for the Third Circuit · 1990
- Kenny A. ex rel. Winn v. PerdueDistrict Court, N.D. Georgia · 2003
- Elizabeth Beverly, Etc. v. John W. MacY Jr., Elizabeth Beverly, Etc. v. National Flood Insurers AssociationCourt of Appeals for the Eleventh Circuit · 1983
- Richardson Associates v. Lincoln-Devore, Inc.Wyoming Supreme Court · 1991
11 more not listed; retrieve them via the Exa API.