BURBACH BROADCASTING CO. OF DEL. v. ELKINS RADIO

No. 00-2366.

278 F.3d 401 (2002)

BURBACH BROADCASTING COMPANY OF DELAWARE, Plaintiff-Appellant, v. ELKINS RADIO CORPORATION; Cat Radio Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 2002.


Attorney(s) appearing for the Case

ARGUED: Joseph W. Conway, Sarver, Pennsylvania, for Plaintiff-Appellant. Jeffrey Stewart Zurbuch, Busch & Talbott, L.C., Elkins, West Virginia, for Defendants-Appellees. ON BRIEF: John E. Busch, Busch & Talbott, L.C., Elkins, West Virginia, for Defendants-Appellees.

Before MICHAEL, KING, and GREGORY, Circuit Judges.


Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

GREGORY, Circuit Judge.

Burbach Broadcasting brought suit against Elkins Radio for breach of contract and specific performance based on an alleged agreement made between the parties for the purchase of Elkins' radio station assets. The agreement Burbach sought to enforce took the form of a letter of intent, signed by the...

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