United States Eleventh Circuit

In contract dispute involving a purchase agreement pursuant to which plaintiff agreed to pay defendant-Amoco $295 million as a base payment for Amoco's shares in a corporation, as well as a conditional $5 million payment upon closing, summary judgment for plaintiff finding it did not have to pay the $5 million to Amoco is reversed where the requisite contractual conditions for the $5 million payment were met.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Charles K. McKnight, Jr., Nations, Toman & McKnight, LLP, Atlanta, GA, James Worth Draughn, Jr., Kirkland & Ellis, LLP, Washington, DC, Richard C. Godfrey, Catherine L. Fitzpatrick, Kirkland & Ellis, LLP, Chicago, IL, for Amoco Pipeline Holding Co., Brandon Raynard Williams, John L. Latham, Alston & Bird, Atlanta, GA, James M. Armstrong, Foulston, Siefkin, LLP, Wichita, KS, for Koch Business Holdings, LLC.