United States Sixth Circuit

In a breach of contract action brought by plaintiffs to recover payments they claimed were owed to them under an arrangement with defendant, a decision primarily ruling against defendant and awarding plaintiffs prejudgment interest at a five percent rate is affirmed in part and reversed in part where: 1) a prior panel decision, which found that defendant assumed liability for payments to plaintiffs for the sale of a coal mining lease, was not clearly erroneous; 2) the district court did not err in determining the time frame for payments owed by defendant to plaintiffs; 3) prejudgment interest was properly awarded; and 4) however, because defendant's liabilities to plaintiffs were all liquidated, an eight percent rate of prejudgment interest was required under Kentucky law.

Appellate Information

• Decided 05/10/2007
• Published 05/10/2007

Judges

• Before MARTIN and GUY, Circuit Judges;  ROSE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Domene, Blackburn, Hundley & Domene, Louisville, Kentucky, for Appellant.  George E. Stigger, St. Marys, Georgia, for Appellees.   ON BRIEF:  David Domene, Winfrey P. Blackburn, Jr., Blackburn, Hundley & Domene, Louisville, Kentucky, for Appellant.  George E. Stigger, St. Marys, Georgia, for Appellees.