Legal Opinion
Loader Leasing Corp. v. Kearns
District Court, W.D. Pennsylvania
Decided August 8, 1979No. Civ. A. No. 78-1437PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
ZIEGLER, District Judge.
I. History of Case
This is a civil action for damages resulting from an alleged breach of contract. Presently before the court is the motion of Loader Leasing Corporation to dismiss or strike counterclaims of defendant.
The complaint alleges that on or about April 18,1977, plaintiff leased a jaw crusher to defendant, William G. Kearns. Defendant allegedly defaulted on the payments under the agreement. The lease contains the following provision: “Lessee waivers, insofar as permitted by law, trial by jury and right of counterclaim in any action between the…
2Cases cited6 opinions
- Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
- London v. PhiladelphiaSupreme Court of Pennsylvania · 1963
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
- Hasek v. Certain Lloyd's UnderwritersDistrict Court, W.D. Missouri · 1963
- Aetna Insurance Company v. the SatrusteguiDistrict Court, D. Puerto Rico · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barclays Bank of New York v. GoldmanDistrict Court, S.D. New York · 1981
- Beach Co. v. Twillman, Ltd.Court of Appeals of South Carolina · 2002
- Cyprus Corp. v. WhitmanDistrict Court, S.D. New York · 1982
- Banque Indosuez v. TrifineryDistrict Court, S.D. New York · 1993
- AT ML Leasehold HI, LLC v. RCSH Operations, Inc.District Court, D. Hawaii · 2021