· 9/29/2006
Teg-Paradigm Environmental, Inc. v. United States
Citations
- 465 F.3d 1329
- 2006 U.S. App. LEXIS 24520
- 2006 WL 2788413
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that trade practice “may serve [a] lexicographic function in some cases”
- “One common way to incorporate extrinsic evidence is through an integration clause that expressly incorporates the extrinsic evidence.”
- plain and ordinary meaning can be “derived from the contract by a reasonably intelligent person acquainted with the contemporaneous circumstances”
- even where a contract is unambiguous, “evidence of trade practice may be useful in interpreting a contract term having an accepted industry meaning different from its ordinary meaning”
- \When the contract's language is unambiguous it must be given its 'plain and ordinary' meaning and the court may not look to extrinsic evidence to interpret its provisions.\
- “When the contract’s language is unambiguous it must be given its ‘plain and ordinary’ meaning and the court may not look to extrinsic evidence to interpret its provisions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Rader, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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