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· 7/15/1988

Orkin Exterminating Company, Inc. v. Federal Trade Commission

Citations

  • 849 F.2d 1354
  • 1988 U.S. App. LEXIS 9904

How courts have described this case

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

  • holding that exterminating company’s unilateral breach of lifetime guarantee for termite control was an unfair practice
  • noting that there is nothing constraining the FTC “to follow judicial interpretations of state statutes in construing the agency’s section 5 authority”
  • where party seeks to prove latent ambiguity, interpretation urged must be reasonable and resolve actual ambiguity, not create one
  • determination of ambiguity of contract and of legal effect of unambiguous contract are questions of law that may be resolved summarily
  • discussing both anticipatory and subse- quent mitigation
  • discussing both anticipatory and subsequent mitigation

Source: CourtListener parenthetical corpus (CC0).

Judges: Vance, Clark, Garza

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.