Truenorth Capital Partners LLC v. Hitachi Metals, Ltd., 012918 FED2, 17-523
|Party Name:||TRUENORTH CAPITAL PARTNERS LLC, TNCP, LLC, Plaintiffs-Appellants, v. HITACHI METALS, LTD., HITACHI METALS AMERICA, LLC, HITACHI METALS AUTOMOTIVE COMPONENTS USA, LLC., HITACHI METALS FOUNDRY HOLDINGS, INC., n/k/a HITACHI METALS AMERICA HOLDINGS, INC., Defendants-Appellees.|
|Attorney:||FOR PLAINTIFFS-APPELLANTS: LAWRENCE M. SEGAN, Law Office of Lawrence M. Segan, New York, NY. FOR DEFENDANTS-APPELLEES: DAVID B. SALMONS (with Troy S. Brown, Margot G. Bloom, and Michael E. Kenneally on the brief), Morgan, Lewis & Bockius LLP, Philadelphia, PA and Washington, DC.|
|Judge Panel:||DENNIS JACOBS, PETER W. HALL, CHRISTOPHER F. DRONEY, Circuit Judges.|
|Case Date:||January 29, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 29th day of January, two thousand eighteen.
Appeal from a judgment of the United States District Court for the Southern District of New York (Daniels, J.).
FOR PLAINTIFFS-APPELLANTS: LAWRENCE M. SEGAN, Law Office of Lawrence M. Segan, New York, NY.
FOR DEFENDANTS-APPELLEES: DAVID B. SALMONS (with Troy S. Brown, Margot G. Bloom, and Michael E. Kenneally on the brief), Morgan, Lewis & Bockius LLP, Philadelphia, PA and Washington, DC.
DENNIS JACOBS, PETER W. HALL, CHRISTOPHER F. DRONEY, Circuit Judges.
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
TrueNorth Capital Partners LLC and its subsidiary TNCP, LLC (collectively "TrueNorth") brought this contract action against various entities in the Hitachi, Ltd. corporate family (collectively "Hitachi"), claiming entitlement to a $6.8 million "Completion Fee" allegedly due under the parties' written agreement. The United States District Court for the Southern District of New York (Daniels, J.) granted summary judgment for Hitachi on two independent grounds, and TrueNorth now appeals. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.
"In reviewing a written contract, a  court's primary objective is to give effect to the intent of the parties as revealed by the language they chose to use." Seiden Assocs., Inc. v. ANC Holdings, Inc., 959 F.2d 425, 428 (2d Cir. 1992). When, as here...
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