· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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