1. Home
  2. Browse Decisions
  3. F.2d
  4. 537 F.2d
  5. 537 F.2d 751 (1976)
 

POSTTAPE ASSOCIATES v. EASTMAN KODAK CO.

No. 75-2162.

537 F.2d 751 (1976)

POSTTAPE ASSOCIATES, Appellee, v. EASTMAN KODAK COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Henry T. Reath, Joseph M. Hankins, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant.

Joseph G. Manta, Edward R. Paul, Alan Letofsky, Philadelphia, Pa., for appellee; LaBrum and Doak, Philadelphia, Pa., of counsel.

Earl W. Kintner, Jack L. Lahr, Marc L. Fleischaker, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for Association of Cinema and Video Laboratories, Inc. as amicus curiae.

John C. Fontaine, New York City, Jay Kelly Wright, Washington, D.C., for National Association of Photographic Manufacturers, Inc. as amicus curiae; Hughes, Hubbard & Reed, New York City, of counsel.

Before VAN DUSEN and WEIS, Circuit Judges, and STERN, District Judge.

OPINION OF THE COURT

JOSEPH F. WEIS, Circuit Judge.

In this case, we are required to evaluate the competing gravitational pulls of the Uniform Commercial Code and the law of torts in a claim for consequential damages arising from the sale of a defective product. We conclude that § 402A of the Restatement of Torts does not apply and that under the circumstances of this case the Commercial Code provides appropriate guidelines for proving an agreement...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases