Legal Opinion

Kelly Tire Service, Inc., Now Known as D and D Tire Company, Inc., Dan's Realty, Inc., and Dr. Dan Toriello v. The Kelly-Springfield Tire Company

Court of Appeals for the Eighth Circuit

Decided November 16, 1964No. 17448_1PublishedCited by 15 opinions

1Opinion of the Court

MEHAFFY, Circuit Judge.

Plaintiffs, Kelly Tire Service, Inc., Dan’s Realty, Inc. and Dr. Dan Toriello, brought suit against defendant, The Kelly-Springfield Tire Company, for damages sounding in tort and contract. Dr. Toriello owned Dan’s Realty, Inc. and was the principal promoter and stockholder of Kelly Tire Service, Inc. The plaintiffs jointly will sometimes be referred to here as plaintiff.

Jurisdiction exists by reason of diversity of citizenship and the required statutory amount in controversy.

Plaintiff’s complaint in essence alleged that (1) the defendant breached a distributor sales…

2Cases cited12 opinions

  1. Miller v. LawlorSupreme Court of Iowa · 1954
  2. Anfenson v. BanksSupreme Court of Iowa · 1917
  3. Lamasters v. SpringerSupreme Court of Iowa · 1959
  4. Ames Trust and Savings Bank v. ReichardtSupreme Court of Iowa · 1963
  5. Perkins v. City National Bank of ClintonSupreme Court of Iowa · 1962

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3Cited by15 opinions

  1. Schott Motorcycle Supply, Inc. v. American Honda Motor Company, Inc.Court of Appeals for the First Circuit · 1992
  2. Harry Bechtel and Cathleen Bechtel, Husband and Wife v. Liberty National Bank, a National Banking AssociationCourt of Appeals for the Ninth Circuit · 1976
  3. Brown v. BuchananDistrict Court, E.D. Virginia · 1975
  4. Trotter's Corp. v. Ringleader Restaurants, Inc.Missouri Court of Appeals · 1996
  5. Samuels v. Eleonora Beheer, B. V.District Court, S.D. New York · 1980

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