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A. R. Moyer, Inc. v. John Hans Graham and John Hans Graham and Associates

A. R. MOYER, INC., Plaintiff-Appellant, v. John Hans GRAHAM and John Hans Graham and Associates, Defendants-Appellees

A. R. Moyer, Inc. v. Graham, 492 F.2d 797 (5th Cir. 1974)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 12, 1974
Docket
No. 29887
Judges
Ainsworth, Coleman, Gewin, Per Curiam
Citations
492 F.2d 7971974 U.S. App. LEXIS 9177

Opinion — Per Curiam

PER CURIAM:

We previously certified the issues presented on this appeal to the Supreme Court of Florida for a resolution of the applicable and controlling state law in this diversity suit. See Moyer, Inc. v. Graham, 443 F.2d 434 (5th Cir. 1971). In its opinion, the Florida Supreme Court definitively answered the issues presented. See Moyer, Inc. v. Graham, 285 So.2d 397 (Fla.1973). In light of that opinion, we vacate the order of the district court dismissing appellant’s complaint and remand with directions to that court to require the appellees to respond to the complaint. With respect to Count II of appellant’s complaint which asserted a cause of action as third-party beneficiary, a determination of the intent of the owner and the architect as evidenced by their contract will be necessary.

Vacated and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 21976: 11977: 219752026peak 1975 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
AR Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla. 1973) 140
A. R. Moyer, Inc. v. Graham, 443 F.2d 434 (5th Cir. 1971) 10

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