DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
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152307P.pdf   07/25/2016  Barkley, Inc.  v.  Gabriel Brothers, Inc.
   U.S. Court of Appeals Case No:  15-2307
                          and No:  15-2308
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges] Civil case - Contracts. The district court did not err in granting defendant's motion for summary judgment on plaintiff's breach-of-agreement claim as the draft statement of work plaintiff relied on was not part of a written contract and did not include the Agreement's incorporation clause; plaintiff's damages claim was liquidated and under Missouri law plaintiff was entitled to prejudgment interest; assuming the district court issue a sua sponte summary judgment on plaintiff's actual-costs contract claim, defendant had adequate notice and the district court did not err in ruling as it did; challenges to evidentiary rulings rejected; challenges to jury instructions rejected; the district court did not err in denying defendant's motion for judgment as a matter of law as a reasonable jury could find the parties had formed a contract for defendant to pay plaintiff's actual costs; the evidence was sufficient for the jury to find plaintiff was entitled to $138,223; the district court did not err in denying defendant's motion for an award of attorneys' fees as neither plaintiff nor defendant was the prevailing party.