Legal Opinion

McDonnell Douglas Corporation v. Commodore Business MacHines Inc. And Commodore Business MacHines (Canada) Limited

Court of Appeals for the Ninth Circuit

Decided August 31, 1981No. 79-4616PublishedCited by 796 opinions

1Opinion of the Court

POOLE, Circuit Judge:

Commodore Business Machines (Commodore) appeals the judgment of the United States District Court for the Northern District of California, awarding plaintiff McDonnell Douglas the full $432,000 claimed in its breach of contract action, and denying Commodore’s claim for a set off in the amount of $261,000. Commodore does not contest its liability for the balance of the debt.

The dispute arose out of a contract between subsidiaries of the two parties. McDonnell Douglas’ subsidiary, Nitron, supplied Commodore with semiconductors for use in electric calculators. The product…

2Cases cited5 opinions

  1. Mathews v. WeberSupreme Court of the United States · 1976
  2. United States v. RaddatzSupreme Court of the United States · 1980
  3. Taylor v. OxfordCourt of Appeals for the Seventh Circuit · 1978
  4. United States v. Nick Victor Bergera, United States of America v. David Lynn MitchellCourt of Appeals for the Ninth Circuit · 1975
  5. Harding v. Kurco, Inc.Court of Appeals for the Tenth Circuit · 1979

3Cited by796 opinions

  1. Coleman v. WilsonDistrict Court, E.D. California · 1995
  2. Ratto v. Secretary, Department of Health & Human ServicesDistrict Court, D. Oregon · 1993
  3. Riggsby v. RiggsbyCourt of Appeals for the Seventh Circuit · 1984
  4. Torrance v. Aames Funding Corp.District Court, D. Oregon · 2002
  5. Phelps v. Wyeth, Inc.District Court, D. Oregon · 2013

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