Legal Opinion

National Utility Service, Inc. v. Whirlpool Corporation

Court of Appeals for the Second Circuit

Decided December 24, 1963No. 108, Docket 28343PublishedCited by 25 opinions

1Opinion of the Court

SWAN, Circuit Judge:

This is an action for breach of contract. It was brought in the Supreme Court of the State of New York and was thereafter removed to the federal court on the ground of diverse citizenship. The case was tried before Judge Kilkenny and a jury but never reached the jury because the judge granted defendant’s motion to direct a verdict in its favor. Judgment was entered May 9, 1963 dismissing the complaint with prejudice. 2

Plaintiff’s business is advising industrial concerns how to reduce the rates charged them by public utility companies. On April 16, 1954 plaintiff and…

2Cases cited8 opinions

  1. Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
  2. Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
  3. Harry G. Seaboldt v. Pennsylvania Railroad Company (Defendant and Third-Party Plaintiff) v. Thompson Mahogany Company (Third-Party Defendant)Court of Appeals for the Third Circuit · 1961
  4. New Era Homes Corp. v. ForsterNew York Court of Appeals · 1949
  5. Nucci v. Warshaw Construction Corp.New York Court of Appeals · 1962

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3Cited by25 opinions

  1. The Tokio Marine and Fire Insurance Company, Limited, Plaintiffs- Appellants-Cross-Appellees v. McDonnell Douglas Corporation, Defendant-Appellee-Cross-Appellant. McDonnell Douglas Corporation, and Third-Party Plaintiff- Appellee-Cross-Appellant v. Japan Air Lines Co., Ltd., Third-Party Defendant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1980
  2. In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989
  3. Jack Meyers v. The Selznick Company, Inc.Court of Appeals for the Second Circuit · 1966
  4. Boston Helicopter Charter, Inc. v. Agusta Aviation Corp.District Court, D. Massachusetts · 1991
  5. United Capital Corp. v. Sapolin Paints, Inc. (In Re Sapolin Paints, Inc.)United States Bankruptcy Court, E.D. New York · 1981

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