(DOWNLOAD) "Norfolk Southern Railway Co. v. Basell Usa Inc." by United States Court of Appeals for the Eighth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Norfolk Southern Railway Co. v. Basell Usa Inc.
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 09, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Norfolk Southern Railway Co. ("Norfolk Southern") and its customer Basell USA Inc. ("Basell") agree that Basell breached a contract that existed between them. They disagree, however, as to whether the breach was material and whether it constituted a repudiation - either of which would have entitled Norfolk Southern to terminate the contract. On cross-summary judgment motions, the District Court held that Norfolk Southern did not have the right to terminate the contract, explicitly concluding that the breach was not material and implicitly ruling that there had been no repudiation. Norfolk Southern now appeals both of these aspects of the District Courts order. The District Court had jurisdiction pursuant to 28 U.S.C. § 1332 and we have jurisdiction pursuant to 28 U.S.C. § 1291. We will vacate the District Courts summary judgment order in part and remand for further proceedings consistent with this opinion.
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