United States Fourth Circuit

Under Virginia law, an assignment of a contract from a promisor to the promisor's parent company in a contract that prohibits assignment without consent of the promisee is not a material breach where the promisee continued to do business with the parent until its own breach of the contract.

Appellate Information

• Argued 12/03/2001
• Decided 01/18/2002
• Published 01/18/2002

Judges

• Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Joseph R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel M. Joseph, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant.  Joseph E. Altomare, Titusville, Pennsylvania, for Appellee.   ON BRIEF:  Anthony T. Pierce, Michael L. Converse, Kelly M. Skoloda, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellant.