DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

082620P.pdf   07/16/2009  M.M. Silta, Inc.  v.  Cliffs Erie, L.L.C.
   U.S. Court of Appeals Case No:  08-2620
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Bright and Colloton, Circuit Judges]
Civil Case - diversity - contract. Following jury's award of damages for breach of contract stemming from reclamation of a taconite mine, district court did not err in submitting jury instruction concerning material breach and inclusion of language relating to notice of termination because it did not affect substantial rights. Argument relating to doctrine of mistake is raised for the first time on appeal. District court did not abuse its discretion in declining to limit damages based on Restatement (Second) of Contracts, section 351(3) to foreseeable losses.