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OPERA CO. OF BOSTON v. WOLF TRAP FOUNDATION

No. 86-2505.

817 F.2d 1094 (1987)

The OPERA COMPANY OF BOSTON, INC., Appellee, v. The WOLF TRAP FOUNDATION FOR the PERFORMING ARTS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1987.

Attorney(s) appearing for the Case

Rodney F. Page (David L. Kelleher, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., on brief), for appellant.

Edward Gross, for appellee.

Before RUSSELL and HALL, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This is a breach of contract suit by the plaintiff to recover the agreed payment from the defendant for four operatic performances at the Filene Center in The Wolf Trap Park. The plaintiff asserts it was prepared, able and willing to perform as agreed but that it was prevented from giving one of the performances because of cancellation by the defendant of the performance on the ground it considered the performance impossible as a result...

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