at&tcorp. v. Jackson Utilities, LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AT&T CORP.,
Plaintiff-Appellant,
v.
JACKSON UTILITIES, LLC,
Defendant-Appellee.
No. 17-35592
D.C. No.
2:15-cv-00039-BMM-JCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Argued and Submitted May 18, 2018
Portland, Oregon
Before: McKEOWN and PAEZ, Circuit Judges, and LASNIK,** District Judge.
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.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Robert S. Lasnik, United States District Judge for the
Western District of Washington, sitting by designation.
FILED
JUN 4 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
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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