United States Tenth Circuit

In a contract action alleging that defendant had failed provide a reliable supply of electricity to plaintiff's mine and refinery in Wyoming, a judgment in favor of plaintiff awarding them far less than their requested damages is vacated and remanded for further proceedings where the district court erred in failing to provide adequate findings and conclusions, it essentially ceded its duty to conduct factfinding to an advisory jury, and this error was prejudicial to plaintiff.

Appellate Information

• Decided 03/07/2007
• Published 03/08/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Phillip Trainer, Jr. of Ashby & Geddes, Wilmington, DE, (James McC. Geddes and Richard L. Renck of Ashby & Geddes, Wilmington, DE;  Ford T. Bussart of Bussart, West & Tyler, P.C., Rock Springs, WY, of counsel, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Stuart R. Day, (P. Craig Silva, with him on the brief), of Williams, Porter, Day & Neville, P.C., Casper, WY, for Defendant-Appellee.