AT CORP v. JACKSON UTILITIES LLC (2018)

United States Court of Appeals, Ninth Circuit.

AT&T CORP., Plaintiff-Appellant, v. JACKSON UTILITIES, LLC, Defendant-Appellee.

No. 17-35592

Decided: June 04, 2018

Before: McKEOWN and PAEZ, Circuit Judges, and LASNIK,* District Judge.

Steven Robert Milch, Esquire, Crowley Fleck PLLP, Billings, MT, Troy Glander, Attorney, Allan, Nava & Glander, San Antonio, TX, for Plaintiff-Appellant Quentin M. Rhoades, Attorney, Rhoades, Siefert & Erickson, PLLC, Missoula, MT, Patrick M. Sullivan, Attorney, Poore, Roth & Robinson, P.C., Butte, MT, for Defendant-Appellee

MEMORANDUM **

AT&T Corp. appeals the district court’s denial of its motion to amend the judgment and the underlying damages award. In particular, AT&T appeals the district court’s application of principles of contributory negligence to AT&T’s damages award and the denial of prejudgment interest on that award.

The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We review the district court’s findings of fact for clear error and its legal conclusions de novo. Salyers v. Metro. Life Ins. Co., 871 F.3d 934, 938 (9th Cir. 2017).

For the reasons set forth in the district court’s Findings of Fact and Conclusions of Law, the judgment is affirmed.

AFFIRMED.

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