Republic Waste Industries, Inc., Plaintiff-Counter-Defendant-Appellee v. G.I. Industries, Defendant-Counter-Claimant-Appellant

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. REPUBLIC WASTE INDUSTRIES, INC., Plaintiff-Counter-defendant-Appellee, v. G.I. INDUSTRIES, Defendant-Counter-claimant-Appellant. Nos. 93-56390, 94-55084. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1995. Decided March 23, 1995. Before: BROWNING, BOOCHEVER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 G.I. Industries ("GI") appeals the district court's judgment, entered after a bench trial, in favor of Republic Waste Industries, Inc. ("Republic") on GI's counterclaim for breach of contract. The district court determined that Republic had anticipatorily repudiated the merger agreement between it and GI, but that GI was not entitled to damages because GI would have been unable to perform its duties under the agreement by the time that Republic would have been contractually entitled to terminate the merger. GI also appeals the district court's refusal to award it nominal damages and…