Legal Opinion
Norfolk Southern Railway Co. v. Basell USA Inc.
Court of Appeals for the Third Circuit
Decided January 9, 2008No. 06-3425PublishedCited by 102 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
Norfolk Southern Railway Co. (“Norfolk Southern”) and its customer Basell USA Inc. (“Basell”) agree that Basell breached a contract that existed between them. They disagree, however, as to whether the breach was material and whether it constituted a repudiation — either of which would have entitled Norfolk Southern to terminate the contract. On cross-summary judgment motions, the District Court held that Norfolk Southern did not have the right to terminate the contract, explicitly concluding that the breach was not material and implicitly ruling that…
2Cases cited8 opinions
- Gertrude W. Abramson v. William Paterson College of New JerseyCourt of Appeals for the Third Circuit · 2001
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- General Motors Corporation Chevrolet Motor Division v. The New A.C. Chevrolet, Inc. Dba the New A.C. ChevroletCourt of Appeals for the Third Circuit · 2001
- Gibson v. City of CranstonCourt of Appeals for the First Circuit · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Auto-Owners Insurance Company v. Stevens & Ricci IncCourt of Appeals for the Third Circuit · 2016
- New Jersey Carpenters & the Trustees Thereof Ex Rel. Chatten v. Tishman Construction Corp.Court of Appeals for the Third Circuit · 2014
- In Re Asbestos Products Liability Litigation (No. VI)Court of Appeals for the Third Circuit · 2016
- Gonzalez v. Secretary of Department of HomeLand SecurityCourt of Appeals for the Third Circuit · 2012
- Dee v. Borough of DunmoreCourt of Appeals for the Third Circuit · 2008
97 more not listed; retrieve them via the Exa API.