XO COMM. v. LEVEL 3 COMM.

C.A. No. 2131-VCL.

948 A.2d 1111 (2007)

XO COMMUNICATIONS, LLC, Plaintiff, v. LEVEL 3 COMMUNICATIONS, INC., Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: November 2, 2007.


Attorney(s) appearing for the Case

William P. Bowden, Esquire, Philip Trainer, Jr., Esquire, Carolyn S. Hake, Esquire, Ashby & Geddes, Wilmington, Delaware; John P. Corrado, Esquire, John A. Trocki, III, Esquire, Ana-Maria Ignat, Esquire, Morrison & Foerster, LLP, Washington, D.C., Attorneys for the Plaintiff.

Thomas P. Preston, Esquire, Elizabeth A. Wilburn, Esquire, Blank Rome LLP, Wilmington, Delaware; Stanley L. Garnett, Esquire, Jeanine M. Anderson, Esquire, Christopher C. Zenisek, Esquire, Brownstein Hyatt Farber Schreck, P.C., Denver, Colorado, Attorneys for the Defendant.


OPINION

LAMB, Vice Chancellor.

In 1998, two companies agreed to collaboratively develop a fiber optics network. One company agreed to lay the fiber network while a second company purchased an indefeasible right of use in part of that network. Over a period of years, they modified the original agreement and entered into new, related contracts. The dispute before this court arises from those changes, specifically a contract by which the second company...

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