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C.A. ACQUISITION NEWCO v. DHL EXP. (USA), INC.

No. 12-1013.

696 F.3d 109 (2012)

C.A. ACQUISITION NEWCO, LLC, Plaintiff-Appellee, v. DHL EXPRESS (USA), INC., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided October 2, 2012.

Attorney(s) appearing for the Case

Anthony C. White , with whom O. Judson Scheaf, III , Philip B. Sineneng , and Thompson Hine LLP were on brief, for defendant-appellant DHL Express (USA), Inc.

Jeffrey E. Poindexter , with whom Andrew Levchuk , Bulkley, Richardson and Gelinas, LLP, Hari S. Nesathurai , and Nesathurai and Luk LLP were on brief, for plaintiff-appellee C.A. Acquisition Newco, LLC.

Before BOUDIN, HAWKINS, and DYK, Circuit Judges.

DYK, Circuit Judge.

In this breach-of-contract case, defendant DHL Express (USA), Inc. ("DHL") appeals from a judgment on the pleadings for plaintiff C.A. Acquisition Newco LLC ("Newco"). The district court concluded that DHL had terminated the contract and awarded the $50,000 per month provided for in the contract in the event of a "termination." See C.A. Acquisition Newco LLC v. DHL Express (USA), Inc., 795 F.Supp.2d 140...

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