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← 695 F.2d 991 - Paragon Resources, Inc. v. National Fuel Gas Distribution Corp.

Paragon Resources, Inc. v. National Fuel Gas Distribution Corp.’s Empirical Analysis

695 F.2d 991 · 1983

Citation profile

77
cited by 77 later decisions
3
states following
December 2012
most recently cited

49 federal appellate · 1 district · 3 state decisions

How this case has been cited

Cited by 77 later decisions — most recently December 2012 · most notably Hidden Oaks Limited v. City of Austin (1998), Walk-In Medical Centers, Inc. v. Breuer Capital Corp. (1987)

49 federal appellate · 1 district · 3 state decisions

5501983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 15 U.S.C. § 717C

Relies on Washington Post Co. v. Rebozo · Broad v. Rockwell International Corp. · 67 Wall Street Co. v. Franklin National Bank · West, Weir & Bartel, Inc. v. Mary Carter Paint Co. · Eskimo Pie Corporation v. Whitelawn Dairies, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The U.C.C. thus adds a third level to a traditional two-level inquiry. Instead of asking, “Were the contract terms ambiguous’ and then, ‘If they were ambiguous what do they mean in light of extrinsic evidence’ the Code poses three inquiries: "1. Were the express contract terms ambiguous? "2. If not, are they ambiguous after considering evidence of course of dealing, usage of trade, and course of performance? "3. If the express contract terms by themselves are ambiguous, or if the terms are ambiguous when course of dealing, usage of trade, and course of performance are considered (that is, if the answer to either of the first two questions is yes), what is the meaning of the contract in light of all extrinsic evidence?””
    3 later decisions quote this exact passage · from the majority
  2. “extrinsic evidence has been used in interpreting an ambiguous contract.”
    2 later decisions quote this exact passage · from the majority
  3. “Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.