Legal Opinion

Baw Manufacturing Company v. Slaks Fifth Avenue, Ltd.

Court of Appeals for the Fifth Circuit

Decided February 28, 1977No. 76-2638PublishedCited by 24 opinions

1Opinion of the Court

GEE, Circuit Judge:

Pursuant to an agreement between the parties, BAW Manufacturing Company, plaintiff-appellee, assembled garments for Slaks Fifth Avenue, defendant-appellant, from piecegoods supplied by Slaks. After about a year of this arrangement, Slaks stopped paying the BAW invoices as they came due. BAW sued Slaks on a sworn account in a Texas state court to recover $40,458.18 for assembly work performed but not paid for. Slaks removed the action to federal district court on the basis of diversity of citizenship. Slaks asserted as affirmative defenses against BAW and as counterclaims…

2Cases cited4 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  3. United States Steel Corp. v. Elton H. Darby, Defendant-Third Party v. Southern Fabricating Company, Inc., Third PartyCourt of Appeals for the Third Circuit · 1975
  4. Bagby Land and Cattle Company v. California Livestock Commission CompanyCourt of Appeals for the Fifth Circuit · 1971

3Cited by24 opinions

  1. United States v. Frank M. OakleyCourt of Appeals for the Eleventh Circuit · 1984
  2. Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
  3. Mazo v. United StatesCourt of Appeals for the Fifth Circuit · 1979
  4. Howard W. Joplin v. Grover Franklin Bias and D. CarringtonCourt of Appeals for the Fifth Circuit · 1980
  5. UNITED STATES of America, Plaintiff-Appellant, v. HANGAR ONE, INC. (Formerly Known as Southern Airways Company), Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977

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