Legal Opinion

Oklahoma Fixture Co. v. Ask Computer Systems, Inc.

Court of Appeals for the Tenth Circuit

Decided January 13, 1995No. Nos. 93-5199, 93-5200PublishedCited by 2 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

The only issue in this appeal is a victorious defendant’s entitlement to attorney’s fees in a breach of contract, breach of warranty action, tried in Oklahoma but specifying that California law applies “in all respects.” Appellant’s App. 103 ¶ 14c.

Plaintiff Oklahoma Fixture Company (Oklahoma Fixture) filed this diversity suit in Oklahoma against ASK Computer Systems, Inc. (ASK), seeking damages for breach of a contract for sale of computer software and breach of warranty. Both sides stipulated that under the choice of law provision in the contract California law would…

2Cases cited19 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
  4. La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co.California Supreme Court · 1994
  5. Myers Building Industries, Ltd. v. Interface Technology, Inc.California Court of Appeal · 1993

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

3Cited by2 opinions

  1. Derma Pen v. 4EverYoung LimitedCourt of Appeals for the Tenth Circuit · 2021
  2. Oklahoma Fixture Company v. Ask Computer SystemsCourt of Appeals for the Tenth Circuit · 1995

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