Legal Opinion
Webco Industries, Inc. v. Thermatool Corp.
Court of Appeals for the Tenth Circuit
Decided January 18, 2002No. 99-5136, 99-5148PublishedCited by 42 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Webco Industries, a manufacturer of custom tube, bought a machine for cutting tube from Thermatool Corporation and Alpha Industries (Thermatool), manufacturers of cutting, heating, and welding machines for the pipe and tube industry. 1 When the machine did not perform as anticipated, Webco brought this diversity action against Thermatool alleging, inter alia, breach of contract, breach of express and implied warranties under the Uniform Commercial Code (UCC), and breach of a performance guarantee.
In a pretrial order, the district court ruled that limiting language in…
2Cases cited25 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
20 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc.Court of Appeals for the Tenth Circuit · 2011
- United States Fidelity & Guaranty Co. v. Lee Investment LLCCourt of Appeals for the Ninth Circuit · 2011
- Pro Axess, Inc. v. Orlux Distribution, Inc.Court of Appeals for the Tenth Circuit · 2005
- Medical City Dallas, Ltd. v. Carlisle Corp.Texas Supreme Court · 2008
- Abuan v. Level 3 Communications, Inc.Court of Appeals for the Tenth Circuit · 2003
37 more not listed; retrieve them via the Exa API.