FINKLE v. GULF & WESTERN MFG. CO.

Nos. 83-1465, 83-1476.

744 F.2d 1015 (1984)

Jule FINKLE and Jack H. Felzer, Trustees under Deed of Trust dated April 10, 1962; Jack Finkle and Jack H. Felzer, Trustees under Deed of Trust dated April 11, 1962; Jack Finkle and Jack H. Felzer, Trustees under Deed of Trust dated April 12, 1962; Jule Finkle and Jack H. Felzer, Trustees under Deed of Trust Dated April 13, 1962, as joint venturers under Joint Venture Agreement dated April 14, 1962, Appellants in No. 83-1465, v. GULF & WESTERN MANUFACTURING COMPANY and Gulf & Western Industries, Inc., Appellees in No. 83-1465, v. PHILMONT STEEL PRODUCTS, INC., Appellee in No. 83-1465, Cross-Appellant in No. 83-1476, v. Jule FINKLE and Jack H. Felzer, Trustees under Deed of Trust dated April 10, 1962; Jack Finkle and Jack H. Felzer, Trustees under Deed of Trust dated April 11, 1962; Jack Finkle and Jack H. Felzer, Trustees under Deed of Trust dated April 12, 1962; Jule Finkle and Jack H. Felzer, Trustees under Deed of Trust Dated April 13, 1962, as joint venturers under Joint Venture Agreement dated April 14, 1962, Cross-Appellees in No. 83-1476.

United States Court of Appeals, Third Circuit.

Decided October 5, 1984.


Attorney(s) appearing for the Case

Jeffrey Cooper (argued), Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellants-cross appellees.

Roslyn G. Pollack (argued), Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for appellee-cross appellant Philmont Steel Products, Inc.

John E. McKeever, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee Gulf & Western Industries, Inc.

Before GIBBONS, SLOVITER, Circuit Judges, and BISSELL, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Jule Finkle, Jack Finkle and Jack H. Felzer (hereinafter referred to as "Finkle") joint venturers, trustees under deeds of trust and lessors of a commercial property, appeal from the judgment entered on a directed verdict denying their claim for a payment that the district court held was an unenforceable penalty. Philmont Steel Products, Inc. (Philmont), assignee of...

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