Hess Energy, Incorporated v. Lightning Oil Company, Limited

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

After it was determined that Lightning Oil Company, Ltd., anticipatorily repudiated its contract to sell natural gas to Hess Energy, Inc., see Hess Energy, Inc. v. Lightning Oil Co., Ltd., 276 F.3d 646 (4th Cir.2002), a jury trial was held to determine Hess’ damages under the Virginia Uniform Commercial Code. After having been instructed by the district court that the measure of damages is “usually the difference between the contract price and the…