Iron Mountain Construction v. U.S. Steel Group, No. 06-10242 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-10242 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT May 17, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-03027-CV-HS-S IRON MOUNTAIN CONSTRUCTION, Plaintiff-Appellant, versus U.S. STEEL GROUP, a unit of USX Corporation, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (May 17, 2006) Before TJOFLAT, BLACK and PRYOR, Circuit Judges. PER CURIAM: Iron Mountain Construction appeals the district court s grant of summary judgment in favor of U.S. Steel Group, in Iron Mountain s action for breach of contract against U.S. Steel. This contract dispute arose when U.S. Steel terminated its contract with Iron Mountain. Iron Mountain asserts the district court erred in concluding: (1) the parties had not modified the clause in the original contract providing that U.S. Steel could terminate the agreement with 30 days notice; (2) the parties course of dealing did not limit U.S. Steel s right to terminate the contract; (3) U.S. Steel did not violate the implied duty of good faith; (4) no damages were sustained in the termination of the contract; and (5) punitive damages were not recoverable. After reviewing the record and the parties briefs, we find no error in the district court s grant of summary judgment, and affirm for the reasons stated in the district court s order of January 3, 2006. AFFIRMED. 2

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