Legal Opinion
Ivy H. Smith Company v. Moretrench Corporation
Court of Appeals for the Fifth Circuit
Decided May 16, 1958No. 16939PublishedCited by 5 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
Appealing from a summary judgment for defendant, based upon the conclusion of the district judge that there was no genuine issue as to any material fact alleged in defendant’s twelfth defense, 1 and that in law it constituted a complete defense to plaintiff’s suit, plaintiff is here insisting that the district judge erred and his judgment must be reversed.
Of the contrary opinion, for the reasons hereafter stated, we cannot agree with this view.
This is the genesis and progress of the controversy in and out of court. In 1953, the U. S. Army Corps of Engineers called for…
2Cases cited10 opinions
- South Florida Lumber Mills v. BreuchaudCourt of Appeals for the Fifth Circuit · 1931
- Alex Ramey v. Charles A. Koons, Individually and as a Partner in a Co-Partnership D/B/A Charles A. Koons & Company, and Ramie Fiber Products, Inc.Court of Appeals for the Fifth Circuit · 1956
- Charles Lomori & Son v. Globe LaboratoriesCalifornia Court of Appeal · 1939
- Southwestern Packing Co. v. Cincinnati Butchers' Supply Co.Court of Appeals for the Fifth Circuit · 1943
- James v. International Harvester Co.Court of Appeals of Kentucky (pre-1976) · 1943
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Monsanto Co. v. Alden Leeds, Inc.New Jersey Superior Court Appellate Division · 1974
- M. M. Matthews, Plaintiff-Appellee-Cross v. Drew Chemical Corporation, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
- Grossman Furniture Co. v. PierreNew Jersey Superior Court Appellate Division · 1972
- Grossman Furniture Co. v. PierreUnited States District Court · 1972
- United States ex rel. Moretrench American Corp. v. McClure Electrical Constructors, Inc.District Court, N.D. Florida · 1975