Legal Opinion

Kenneth D. Auvil v. Grafton Homes, Incorporated

Court of Appeals for the Fourth Circuit

Decided August 6, 1996No. 95-1085PublishedCited by 36 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge BUTZNER joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of whether a settlement of this case, consummated by the parties’ attorneys, should be enforced against one of the parties, Kenneth D. Auvil. The district court enforced the settlement against Auvil, concluding that Au-vil had clothed his attorney with apparent authority to settle. While the record facts support the conclusion that Auvil manifested his attorney’s authority to negotiate a settle ment,…

2Cases cited9 opinions

  1. Louis Fennell v. Tlb Kent Company and Joseph PietrykaCourt of Appeals for the Second Circuit · 1989
  2. Keithley Edwards v. Born, Inc. Appeal of Keithley Edwards and Edith EdwardsCourt of Appeals for the Third Circuit · 1986
  3. Dwight v. HazlettWest Virginia Supreme Court · 1929
  4. D & G Equipment Co., Inc. v. The First National Bank of Greencastle, Pa. v. Georgion, Roger L., Third PartyCourt of Appeals for the First Circuit · 1985
  5. CENTRAL ELECTRIC CREDIT CORPORATION v. FieldsWest Virginia Supreme Court · 1963

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

3Cited by36 opinions

  1. Velasco v. Government of IndonesiaCourt of Appeals for the Fourth Circuit · 2004
  2. Robert C. Hensley v. Alcon Laboratories, Inc., a Foreign Corporation, and Alan Modliszewski, an IndividualCourt of Appeals for the Fourth Circuit · 2002
  3. Makins v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2002
  4. Hawkspere Shipping Co. v. Intamex, S.A.Court of Appeals for the Fourth Circuit · 2003
  5. Ackerman v. Sobol Family Partnership, LLPSupreme Court of Connecticut · 2010

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

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