Legal Opinion

In Re Raymark Industries, Inc., Wanda Jenkins v. Raymark Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided December 3, 1987No. 86-2498, 86-2499 and 86-2967PublishedCited by 55 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We review the district court’s construction of an unwritten settlement agreement. The agreement’s terms were not reduced to a clearly stated document because the settlement was made during the trial of a large class action under a deadline imposed by a major defendant’s threat of bankruptcy. We describe the negotiations leading to settlement before we explain our affirmance of the district court's interpretation.

I

In November, 1985, 753 asbestos-injury claims pending in the Eastern District of Texas were consolidated and certified as a class action by…

2Cases cited4 opinions

  1. Paragon Resources, Inc. v. National Fuel Gas Distribution CorporationCourt of Appeals for the Fifth Circuit · 1983
  2. White Farm Equipment Co. v. Joseph G. Kupcho, D/B/A Haufler Equipment Wanda Kupcho and Kup Equipment Co.Court of Appeals for the Fifth Circuit · 1986
  3. Western Beef, Inc. v. Compton Investment Co.Court of Appeals for the Fifth Circuit · 1980
  4. Dresser Industries, Inc. v. The Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1978

3Cited by55 opinions

  1. Arnold v. Garlock, Inc.Court of Appeals for the Fifth Circuit · 2001
  2. Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
  3. Southern Snow Manufacturing Co. v. Snowizard Holdings, Inc.District Court, E.D. Louisiana · 2013
  4. Mid-Continent Casualty Co. v. Chevron Pipe Line Co.Court of Appeals for the Fifth Circuit · 2000
  5. Anthony G. Guidry v. Halliburton Geophysical Services, Inc., Edison Chouest Offshore, Inc., and Galliano Marine ServicesCourt of Appeals for the Fifth Circuit · 1992

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