Oklahoma Fixture Co. v. Ask Computer Systems, Inc.
Court of Appeals for the Tenth Circuit
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
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co.California Supreme Court · 1994
- Myers Building Industries, Ltd. v. Interface Technology, Inc.California Court of Appeal · 1993
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3Cited by2 opinions
- Derma Pen v. 4EverYoung LimitedCourt of Appeals for the Tenth Circuit · 2021
- Oklahoma Fixture Company v. Ask Computer SystemsCourt of Appeals for the Tenth Circuit · 1995