Washington Square Capital, Inc. v. Superior Rent-A-Car, Inc., Louis P. Miscioscia, 9 F.3d 115 (8th Cir. 1993). · Go Syfert
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Washington Square Capital, Inc. v. Superior Rent-A-Car, Inc., Louis P. Miscioscia, 9 F.3d 115 (8th Cir. 1993). Cases Citing This Book View Copy Cite
18 citation events across 2 distinct courts.
Strongest positive: Taylor Equipment, Inc. v. John Deere Company (ca8, 1996-11-26)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." Taylor Equipment, Inc. v. John Deere Company
8th Cir. · 1996 · signal: see also · confidence low
See also Zeno Buick-GMC, Inc. v. GMC Truck and Coach, 844 F.Supp. 1340, 1351 (E.D.Ark.1992) (Kansas statute does not apply to constructive franchise terminations), aff'd, 9 F.3d 115 , 1993 WL 470707 (8th Cir.1993); Carlock v. Pillsbury Co., 719 F.Supp. 791, 852 (D.Minn.1989) (no "constructive termination" claim under Washington Franchise Investment Protection Act) 9 Midcon's reply brief asserts for the first time that Midcon is entitled to pursue a claim that Deere violated S.D.C.L. § 37-5-2 by threatening cancellation.
discussed Cited "see, e.g." Taylor Equipment, Inc. v. John Deere Co.
8th Cir. · 1996 · signal: see also · confidence low
See also Zeno Buick-GMC, Inc. v. GMC Truck and Coach, 844 F.Supp. 1340, 1351 (E.D.Ark.1992) (Kansas statute does not apply to constructive franchise terminations), aff'd, 9 F.3d 115 , 1993 WL 470707 (8th Cir.1993); Carlock v. Pillsbury Co., 719 F.Supp. 791, 852 (D.Minn.1989) (no “constructive termination” claim under Washington Franchise Investment Protection Act). .
Retrieving the full opinion text from the archive…
Washington Square Capital, Inc.
v.
Superior Rent-A-Car, Inc., Louis P. Miscioscia
93-1641.
Court of Appeals for the Eighth Circuit.
Nov 18, 1993.
9 F.3d 115
Unpublished

9 F.3d 115

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
WASHINGTON SQUARE CAPITAL, INC. Appellee,
v.
SUPERIOR RENT-A-CAR, INC., Defendant,
Louis P. Miscioscia, Appellant.

No. 93-1641.

United States Court of Appeals,
Eighth Circuit.

Submitted: November 9, 1993.
Filed: November 18, 1993.

Before FAGG and WOLLMAN, Circuit Judges, and VIETOR,[*] District Judge.

PER CURIAM.

1

Louis P. Miscioscia appeals from a partial summary judgment (certified as final pursuant to Fed. R. Civ. P. 54(b)) entered against him by the district court[1] in favor of Washington Square Capital, Inc. on a limited personal guaranty agreement that Miscioscia executed on behalf of Superior Rent-A-Car, Inc., of which he is the sole director, officer, and shareholder.

2

Miscioscia contends that there are genuine issues of material fact as to whether Washington Square's conduct in effect constituted a modification or waiver of certain terms of the underlying loan agreement between it and Superior. We agree with Washington Square that the questions of modification and waiver were not raised in the district court and thus should not be considered by us on appeal. In any event, we find these newly-raised issues to be without merit.

3

The summary judgment is affirmed. See Eighth Cir. Rule 47B.

*

The HONORABLE HAROLD D. VIETOR, United States District Judge for the Southern District of Iowa, sitting by designation

1

The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota