Legal Opinion
Cable Science Corporation v. Rochdale Village, Inc.
Court of Appeals for the Second Circuit
Decided November 29, 1990No. 69, Docket 90-7283PublishedCited by 140 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The issue raised on this appeal from a grant of summary judgment is whether the district court in construing a contract, by ascertaining the intent of the parties, resolved disputed issues instead of determining under Rule 56(c) whether they existed. What was said and what was done by the parties is not in dispute, but the inferences that may reasonably be drawn from those actions is far from clear. It is of course the parties’ intent that governs what the parties meant. But in this case the district court, under the guise of interpreting the meaning to be ascribed to…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
- Ricardo Garza v. Marine Transport Lines, Inc., and Third-Party v. Norfolk Shipbuilding & Drydock Corporation, Third-PartyCourt of Appeals for the Second Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
- Terminate Control Corp. v. HorowitzCourt of Appeals for the Second Circuit · 1994
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
- Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
- Luis E. Rodriguez-Abreu v. The Chase Manhattan Bank, N.A.Court of Appeals for the First Circuit · 1993
135 more not listed; retrieve them via the Exa API.