Legal Opinion

Mitacon Anstalt v. F.I.A. Insurance

Court of Appeals for the Third Circuit

Decided December 6, 1984No. 83-5927PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this diversity action we must predict whether, under New Jersey law, a surety which guaranteed the performance of a seller of goods by issuing a bond for the benefit of the buyer remains liable when the parties to the underlying contract substitute a different buyer. The district court entered summary judgment in favor of the buyer on the issue of liability.

I

On August 5, 1980, Bonanza Refining International Company (Brico), a Texas corporation, contracted to sell to Societe Cho-ron Internationale (Choron), a French corporation, 20,000 boxes (20…

2Cases cited12 opinions

  1. Essex International, Inc., a Michigan Corporation v. Earl A. ClamageCourt of Appeals for the Seventh Circuit · 1971
  2. Amelco Window Corp. v. Fed. Ins. Co.New Jersey Superior Court Appellate Division · 1974
  3. Stano v. Soldo Constr. Co.New Jersey Superior Court Appellate Division · 1983
  4. Thorpe v. StoryCalifornia Supreme Court · 1937
  5. Ampex Credit Corporation and Ampex Corporation v. Needham Bateman and Harold SuitCourt of Appeals for the Fifth Circuit · 1977

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3Cited by1 opinion

  1. Mitacon Anstalt and Societe Choron Internationale v. F.I.A. Insurance Company, Northeastern Fire Insurance Company of Pennsylvania, and Union Indemnity Insurance Company of New York. Northeastern Fire Insurance Company of Pennsylvania, Defendant-Third Party v. Bonanza Refining International Company, Third Party and F.I.A. Insurance Company, Defendant-Third Party v. Bonanza Refining International Company and Community Funeral Home Inc., Third Party Appeal of First Indemnity of America Insurance CompanyCourt of Appeals for the First Circuit · 1984

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