Documents: XO Commc’ns, LLC v. Level 3 Commc’ns, Inc., C.A. No. 2131-VCL, Lamb, V. C. (Del. Ch. Nov. 2, 2007)
The Court granted the plaintiffs motion for summary judgment as to claims requesting a declaration that, under New York law, where the plaintiff had previously purchased rights to use part of defendants fiber optic network to transmit information, and subsequently entered into a requirements contract for information transmission services with the defendant, the requirements contract was not breached by the plaintiffs’ continued use of the fiber optic network.