DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133354P.pdf 03/04/2015 IPSCO Tubulars, Inc. v. Ajax TOCCO Magnathermic Corp.
U.S. Court of Appeals Case No: 13-3354
and No: 13-3466
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Benton, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Contracts. Applying the principles of Arkansas law, the most
reasonable interpretation of the contract as a whole obligated defendant
to provide equipment that could uniformly heat-treat pipe, at 96 fpm,
without causing distortion, cracks or inconsistencies that would prevent
the pipe's conversion to higher API grades; the evidence supported the
court's conclusion that defendant breached the contract; the evidence was
sufficient to establish that the defects in defendant's equipment was the
cause of the defects in the pipe; the court's damage award was not fully
explained, and this court cannot, in the absence of additional
explanation, perform a meaningful review of the award; remanded to permit
the district court to enter findings of fact and conclusions of law
regarding the damage award; with respect to plaintiff's cross-appeal, the
district court did not err in finding plaintiff had failed to establish
its gross negligence claim.