The Keefe Co. v. Americable Int'l.
| Decision Date | 15 August 2000 |
| Docket Number | No. 98-7093,98-7093 |
| Parties | (D.C. Cir. 2000) The Keefe Company, Appellant v. Americable International, Inc., Appellee |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Appeal from the United States District Courtfor the District of Columbia(No. 94cv01568)
Griffith L. Green argued the cause for appellant. With him on the briefs were Thomas C. Green and Mark D. Hopson.
Robert P. Parker argued the cause for appellee. With him on the brief was Gaela K. Gehring-Flores. Swati Agrawal entered an appearance.
Before: Wald1, Silberman and Sentelle, Circuit Judges.
Opinion for the court filed Per Curiam.
Appellant Keefe Company filed this action seeking recovery for installment payments arising from a contract under which appellant allegedly assisted appellee Americable in the obtaining of contracts for the provision of cable service to government installations. The district court granted summary judgment in favor of the defense on two theories: invalidity of the underlying contract, and the running of the statute of limitations. We have heretofore vacated the decision insofar as it was based on invalidity, and certified a governing legal question on the statute of limitations theory to the District of Columbia Court of Appeals.That court having ruled on the certified question, we vacate the judgment of the district court as to a portion of appellant's claims and remand for further proceedings consistent with this opinion and that of the District of Columbia Court of Appeals.
Except insofar as it is necessary to make our application of the law understandable, we will not rehash the facts underlying this controversy as they are set forth in full in Keefe Co. v. Americable Int'l, Inc., 169 F.3d 34 (D.C. Cir. 1999). Taking the evidence as it appeared to the district judge on the summary judgment motion, Americable breached the agreement between the parties in 1988 by its failure to make both one-time and monthly installment payments due under the agreement. Keefe did not bring this action until 1994. Americable argued, and the district court held, that the threeyear statute of limitations had run on all of Keefe's claims, holding that a breach of the contract as a whole had occurred with the first nonpayment and repudiation by appellee.Keefe argued, both before the district court and on appeal, that its early claims might be time-barred, but that those that were due within three years next preceding its filing of this action were still viable. Everyone agrees that the law of the District of Columbia governs. It is well established that we treat the District of Columbia as a state for purposes of the Erie Doctrine, Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L.Ed. 1188 (1938); A.I. Trade Finance, Inc. v. Petra Int'l Banking Corp., 62 F.3d 1454, 1458 (D.C. Cir. 1995) (citing Lee v. Flintkote Co., 593 F.2d 1275, 1278-80 (D.C. Cir. 1979)). We therefore consulted the precedent established by the highest court...
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