Legal Opinion

Alan Joseph and Brenda Joseph v. Terminix International Company, Limited Partnership

Court of Appeals for the Tenth Circuit

Decided February 23, 1994No. 92-3348PublishedCited by 46 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

Alan and Brenda Joseph appeal a trial court ruling denying the introduction of newly discovered evidence and an Order denying their motion for a new trial. We have jurisdiction under 28 U.S.C.A, § 1291 and affirm.

BACKGROUND

This is a diversity action involving Kansas tort law. The Josephs contracted with Ter-minix, in 1978, to treat their house against termite infestation. The contract provided for ongoing inspection and further treatment as necessary. Eleven years later, the Josephs became dissatisfied with service by Terminix when an investigation of their home by a…

2Cases cited12 opinions

  1. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  2. K-B Trucking Company and Keith Collins, Cross-Appellants v. Riss International Corporation and World Leasing, Inc., Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1985
  3. Walter McAlester v. United Air Lines, Inc., a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1988
  4. Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
  5. McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965

7 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
  2. Devon Energy Production Co. v. Mosiac Potash Carlsbad, Inc.Court of Appeals for the Tenth Circuit · 2012
  3. Phillips v. Hillcrest Medical CenterCourt of Appeals for the Tenth Circuit · 2001
  4. Wolfgang v. Mid-America Motorsports, Inc.Court of Appeals for the Tenth Circuit · 1997
  5. Gloria Rios v. F. Calvin Bigler, M.D. And Lauren A. Welch, M.D.Court of Appeals for the Tenth Circuit · 1995

41 more not listed; retrieve them via the Exa API.

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