Question
1.Tom is a resident of Missouri who sold Missouri land to the Federal governmentusing a General Warranty Deed.He was sued in U.S. District Court in
1.Tom is a resident of Missouri who sold Missouri land to the Federal governmentusing a General Warranty Deed.He was sued in U.S. District Court in St. Louis bythe Federal government, which contended that Tom did not have good title to the real estate conveyed and breached the warranty of title in UCC 2-312.Neither the U.S.District Court in St. Louis nor the U.S. Court of Appeals for the Eighth Circuit (to whichthe U.S. District Court in St. Louis is subordinate) nor the U.S. Supreme Court (to which the U.S. Court of Appeals for the Eighth Circuit is subordinate) have ever ruled on thistype of case.For these courts, the case is one of first impression.However, a U.S.Court of Appeals for the Second Circuit has ruled in a nearly identical case, rejecting the Government's UCC claim.
a. Is the U.S. District Court in St. Louisrequired by precedentto follow the decision ofthe U.S. Court of Appeals for the Second Circuit?Explain your answer.
b.In a very short opinion, the Second Circuit said that the Federal government shouldhave known better than to bring this UCC warranty claim.State one reason why the Second Circuit may have rejected the Government's UCC claim.Cite the section(s) of the UCC supporting your answer.
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