AUSTIN INDEPENDENT SCHOOL DISTRICT ET AL.
v.
MEYER ET AL.

U.S. | 1999-05-24
No. 98-1578
526 U.S. 1132 Supreme Court of the United States (1999) Positive Treatment
Cited by 1 case

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  • Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So. 2d 255 (Fla. 3d DCA 2002)
    …the ‘unambiguous’ language of the contract....” Miller, 789 So. 2d at 1098. This renders the contract ambiguous; summary judgment is improper. We note that BMC Indus., Inc. v. Barth Indus., Inc., 160 F. 3d 1322, 1331 (11th Cir.1998), cert. denied, 526 U.S. 1132, 119 S.Ct. 1807, 143 L.Ed.2d 1010 (1999), on which the parties rely as dispositive of this matter, states that “[t]he question whether a contract is predominantly for goods or services is generally one of fact.” The court can only decide this issue,…

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