Klockner, Inc. v. Federal Wire Mill Corp.

PELL, Circuit Judge.

This appeal arises from a judgment entered in favor of the plaintiff-appellee Klockner, Inc. (Klockner) following a three-day bench trial of Klockner’s diversity claim that Federal Wire Mill Corporation (Federal), anticipatorily breached a contract for the purchase of 1,800 tons of wire rods. The district court entered damages in favor of Klockner in the amount of $658,306.40. The court also denied Federal’s counterclaim, which sought damages for a breach of warranty.

Federal raises a number of issues on this appeal. First, it contends the court erred as a matter of fact…