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United States Ninth Circuit


Warner Bros. Int'l Television Distrib. v. Golden Channels & Co., 05-55374, 05-55421

In a breach of contract case, involving the breach of an agreement between a cable television broadcaster and a company licensing programming, a judgment in favor of the licensing company is reversed and remanded for a damages determination where, contrary to the ruling below, neither party breached. Instead the parties just failed to reach agreement on a new term, and continued performance was conditional on agreement.

Appellate Information

  • Argued 05/07/2007
  • Decided 04/15/2008
  • Published 04/15/2008

Judges

  • KLEINFELD, Circuit Judge:, Before:  JOHN T. NOONAN, ANDREW J. KLEINFELD, and RICHARD A. PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • David M. Rice, Carroll, Burdick & McDonough, LLP, San Francisco, CA, for the appellant.

  • For Appellees:
  • Frederic D. Cohen, Horvitz & Levy, LLP, Encino, CA, for the appellee.
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