United States Tenth Circuit

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Regional Air, Inc. v. Canal Ins. Co., 09-6090

In both parties' appeal from an award of costs in favor of plaintiff, the district court's order is vacated where: 1) in its Okla. Stat. section 3629 analysis, the district court appeared implicitly to consider the appraisal award part of its judgment, and should have explicitly recognized that in awarding costs; 2) defendant thus had abundant notice that plaintiff was incurring storage costs and expected defendant to pay them; and 3) the district court's interest award and remand this matter for the court to recalculate its award starting from the date or dates plaintiff's storage cost losses reflected in the verdict were payable pursuant to the provisions of the parties' contract.

Appellate Information

  • Decided 01/14/2011
  • Published 01/14/2011

Judges

  • Kimberly A. Gorsuch

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Edward W. Dzialo, Jr., Harris A. Phillips