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NORFOLK SOUTHERN RY. CO. v. BASELL USA INC.

No. 06-3425.

512 F.3d 86 (2008)

NORFOLK SOUTHERN RAILWAY COMPANY, Appellant v. BASELL USA INC.

United States Court of Appeals, Third Circuit.

Filed: January 9, 2008.

Attorney(s) appearing for the Case

Paul D. Keenan, [Argued], Charles L. Howard, Keenan, Cohen & Howard, Jenkintown, PA, for Appellant, Norfolk Southern Railway Company.

Nicholas J. DiMichael, [Argued], Thomson Hine, Washington, DC, Conrad O. Kattner, John P. McShea, III, McShea & Tecce, Philadelphia, PA, for Appellee, Basell USA Inc.

Before: SCIRICA, Chief Judge, RENDELL and FUENTES, Circuit Judges.

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 Southern to terminate the contract. On cross-summary judgment motions, the District Court held that...

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