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· 3/3/2005

Schwan-Stabilo Cosmetics Gmbh & Co. v. Pacificlink International Corporation and Paul Shieh, Docket No. 04-0645-Cv

Citations

  • 401 F.3d 28
  • 2005 U.S. App. LEXIS 3614

How courts have described this case

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

  • holding that the First Restatement rule was inapplicable based on the exception for cases “where an alternative contract provides as one alternative the payment of a sum of money”
  • recognizing that district courts “have the discretion to grant summary judgment sua sponte,” especially if the losing party receives “a full and fair opportunity” to contest it

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Meskill, Parker

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.