United States Third Circuit

In a contract case in which the parties agreed that defendant-customer breached the contract at issue with plaintiff-rail carrier, but disagreed as to whether such breach was material and whether it constituted a repudiation, summary judgment for defendant is vacated and remanded where: 1) the district court erred in concluding, at the summary judgment stage, that no reasonable fact finder could find that defendant's breach of its volume commitment was a material breach; and 2) the record was not sufficiently developed for consideration of the merits of the parties' arguments as to repudiation.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• Before:  SCIRICA, Chief Judge, RENDELL and FUENTES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Paul D. Keenan, [Argued], Charles L. Howard, Keenan, Cohen & Howard, Jenkintown, PA, for Appellant, Norfolk Southern Railway Company.


• For Appellees:
  
• Nicholas J. DiMichael, [Argued], Thomson Hine, Washington, DC, Conrad O. Kattner, John P. McShea, III, McShea & Tecce, Philadelphia, PA, for Appellee, Basell USA Inc.