United States Third Circuit

In a dispute over control of an air freight forwarding company, the district court's finding that defendant established a defense of anticipatory repudiation is reversed where the court did not consider material trial evidence which may have nullified any repudiation or reconstituted an agreement between the parties.

Appellate Information

• Argued 04/24/2003
• Decided 07/18/2003
• Published 07/18/2003

Judges

• Before: SCIRICA, Chief Judge, AMBRO and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen L. Braga (argued), Rebecca H. Ewing, Baker Botts, Washington, DC, for Appellant.


• For Appellees:
  
• Jeffrey A. Zucker (argued), Fisher & Zucker, Philadelphia, PA, for Appellee.