In re: EXIDE TECHNOLOGIES, Debtors, ENERSYS DELAWARE, INC., formerly known as EnerSys Inc., Appellant.
No. 08-1872
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
June 24, 2010
PRECEDENTIAL; Argued on May 12, 2009; Order Amending Opinion
Argued on May 12, 2009
Before: AMBRO, ROTH and ALARCÓN*, Circuit Judges
Robert Lapowsky, Esquire (Argued)
Neil C. Schur, Esquire
Stevens & Lee, P. C.
1818 Market Street, 29th Floor
Philadelphia, PA 19104
Stevens & Lee, P. C.
1105 North Market Street, 7th Floor
Wilmington, DE 19801
Counsel for Appellant Enersys Delaware, Inc.
Laura Davis Jones, Esquire
James O‘Neill, Esquire
Pachulski, Stang, Ziehl & Jones, LLP
919 North Market Street, 17th Floor
P. O. Box 8705
Wilmington, DE 19899-8705
Matthew N. Kleiman, Esquire (Argued)
Matthew N. Kleiman, P. C.
2506 North Clark Street, Suite 307
Chicago, IL 60614
Roger P. Furey, Esquire
John P. Sieger, Esquire
Andrew L. Wool, Esquire
Katten, Muchin, Rosenman, LLP
2900 K Street NW, Suite 200
Washington, DC 20007-5118
Counsel for Appellee Exide Technologies
ROTH, Circuit Judge:
ORDER AMENDING OPINION
IT IS ORDERED that the published Opinion in the above case, filed on June 1, 2010, be amended as follows:
On page 11, delete the following parenthetical:
“Non-occurrence of a condition is not a breach by a party unless he is under a
and replace it with:
“Non-occurrence of a condition is not a breach by a party unless he is under a duty that the condition occur.”
This amendment does not change the date of filing, June 1, 2010.
By the Court,
/s/ Jane R. Roth
Circuit Judge
Dated: June 24, 2010
PDB/cc: All Counsel fo Record