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· 9/24/1947

Consolidated Water Power & Paper Co. v. Kimberly-Clark Corp.

Citations

  • 73 F. Supp. 936
  • 75 U.S.P.Q. (BNA) 42
  • 1947 U.S. Dist. LEXIS 2221

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a plaintiff cannot simultaneously succeed on theories of unjust enrichment and breach of contract
  • explaining that the Federal Rules permit a party to alternatively plead theories of recovery, even if they cannot recover for both
  • “Although Defendants cannot recover for breach of contract and unjust enrichment, they are allowed to plead these inconsistent theories.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duffy

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.