Marathon A.G. Holding Ltd. v. CMS Enters. Co., No. 09-20034

In an action for breach of contract based on defendant's refusal to indemnify plaintiff for its payments to the Republic of Equatorial Guinea in settlement of tax audits, summary judgment for defendant is affirmed where: 1) the plain language of the parties' agreement, informed by the parties' prior negotiations and the usage evidence, clearly established that defendant was required to indemnify plaintiff only for taxes paid for income that was earned before January 1, 2002; and 2) plaintiff's separate claim for indemnification for payment of withholding taxes was time-barred.

Read Marathon A.G. Holding Ltd. v. CMS Enters. Co., No. 09-20034

Appellate Information

Filed February 10, 2010

Judges

Opinion by Judge Feldman