NATIONAL TAX INSTITUTE v. TOPNOTCH AT STOWE RESORT

No. 03-1924.

388 F.3d 15 (2004)

NATIONAL TAX INSTITUTE, INC., Plaintiff, Appellant, v. TOPNOTCH AT STOWE RESORT AND SPA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 5, 2004.


Attorney(s) appearing for the Case

James M. Wodarski with whom Paul D. Abbott and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. were on brief for appellant.

Allen C.B. Horsley with whom Christopher L. DeMayo and LeBoeuf, Lamb, Greene & MacRae, L.L.P. were on brief for appellee.

Before BOUDIN, Chief Judge, SELYA and HOWARD, Circuit Judges.


BOUDIN, Chief Judge.

National Tax Institute ("the Institute")—an organization that puts on conferences—sued Topnotch, a resort hotel at Stowe, Vermont, with a capacity of 90 rooms. The suit concerned the meaning of a contract provision between the parties as to the number of rooms to be provided to the Institute at a reduced rate. The district court granted summary judgment in favor of Topnotch, and this appeal...

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