United States Eighth Circuit

Under New York law, a reasonable duration term may not be implied or read into a written contract which contains an explicit termination provision, and the doctrine of equitable recoupment is not recognized in New York.

Appellate Information

• Decided 04/04/2001
• Published 04/04/2001

Judges

• LOKEN, Circuit Judge., BEFORE:  LOKEN and HEANEY, Circuit Judges, and BATTEY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• J. Michael Dady, argued, Minneapolis, MN (Robert Gust, Minneapolis, MN, on the brief), for appellant.


• For Appellees:
  
• Allison K. Romantz, argued, Boston, MA (Robert P. Joys, Boston, MA, Daniel Q. Poretti, Minneapolis, MN, on the brief), for appellee.