C. A. Acquisition Newco, LLC v. DHL Express (USA), Inc.

DYK, Circuit Judge.

In this breach-of-contract case, defendant DHL Express (USA), Inc. (“DHL”) appeals from a judgment on the pleadings for plaintiff C.A. Acquisition Newco LLC (“Newco”). The district court concluded that DHL had terminated the contract and awarded the $50,000 per month provided for in the contract in the event of a “termination.” See C.A. Acquisition Newco LLC v. DHL Express (USA), Inc., 795 F.Supp.2d 140, 146 (D.Mass.2011). Because we find the contract ambiguous as to whether DHL’s actions constituted a termination under the contract, we vacate and remand.

I

DHL is the United…