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LJL TRANSP., INC. v. PILOT AIR FREIGHT CORP.

No. 73 MAP 2007.

962 A.2d 639 (2009)

LJL TRANSPORTATION, INC., Louis P. Pektor, III, and Leo A. Decker, Appellants v. PILOT AIR FREIGHT CORPORATION, Appellee.

Supreme Court of Pennsylvania.

Decided January 22, 2009.

Attorney(s) appearing for the Case

Barry L. Cohen, Esq., Sunah Park, Esq., Ira Silverstein, Esq., Lisa Marie Swan, Esq., Thorp Reed & Armstrong, L.L.P., Philadelphia, for LJL Transportation, Inc., Louis P. Pektor, III, and Leo A. Decker.

Walter Weir, Jr., Esq., Daniel D. Haggerty, Esq., Edward T. Kang, Esq., Weir & Partners, L.L.P., Philadelphia, for Pilot Air Freight Corporation.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Justice TODD.

In this appeal, our Court is called upon for the first time to consider whether a party's conduct in breaching a contract may justify its immediate termination, even if the contract includes an express provision granting the breaching party the right to cure before the contract is terminated. For the reasons that follow, we conclude that Pennsylvania law permits the immediate termination of such a contract when there is a material...

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