[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-10242 May 17, 2006
Non-Argument Calendar 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.
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