Volunteer Energy Services, Inc v. Option Energy, LLC, et al


OPINION filed : AFFIRMED as to Option s claims on appeal that the district court s determination that the contract was ambiguous & its award of damages to Volunteer for lost profits, as the district court did not clearly err in finding that lost profits were established with reasonable certainty; AFFIRMED as to Volunteer s claims that the district court s judgment in favor of Rockwood on Volunteer s tortious-interference claims, the exemplary-damages award on the ground that Volunteer s failure to pay commissions constituted willful misconduct, and the court s decision to require Volunteer to make ongoing commission payments to Option as they come due; decision not for publication. Gilbert S. Merritt, Danny J. Boggs (AUTHORING) and Jane Branstetter Stranch, Circuit Judges. [13-1035, 13-1087]

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Case: 13-1035 Document: 59-2 Filed: 08/05/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: August 05, 2014 Mr. Matthew S. Brown Mr. Warren Henry Krueger III Mr. Kevin J. Roragen Re: Case No. 13-1035/13-1087, Volunteer Energy Services, Inc v. Option Energy, LLC, et al Originating Case No. : 1:11-cv-00554 Dear Counsel, The Court issued the enclosed Opinion today in this case. Sincerely yours, s/Louise Schwarber Case Manager Direct Dial No. 513-564-7015 cc: Ms. Tracey Cordes Enclosure Mandate to issue

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