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.