AT&T CORP. V. JACKSON UTILITIES, LLC, No. 17-35592 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION JUN 4 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AT&T CORP., No. Plaintiff-Appellant, U.S. COURT OF APPEALS 17-35592 D.C. No. 2:15-cv-00039-BMM-JCL v. JACKSON UTILITIES, LLC, MEMORANDUM* Defendant-Appellee. 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. 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. 2

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