Norfolk Southern Railway Co. v. Basell USA Inc.

U.S. Court of Appeals, Third Circuit · Decided 2008-01-09

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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 Sou…

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