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.
173724P.pdf 04/12/2019 Qwest Communications Corp. v. Free Conferencing Corp.
U.S. Court of Appeals Case No: 17-3724
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Shepherd, Author, with Kelly and Stras, Circuit Judges]
Civil case - Equity. For the court's prior opinion remanding the matter
for reconsideration of Qwest's unjust-enrichment claim, see Qwest
Communications Corp v. Free Conferencing Corp., 837 F.3d 889 (8th Cir.
2016). On remand, the district court again denied Qwest's claim. Held: the
district court did not abuse its discretion in determining that while
Qwest conferred a benefit Free Conferencing accepted, it was not
inequitable for Free Conferencing to retain the benefit without paying
Qwest as it had earned the benefit by providing service to Qwest. Judge
Kelly, dissenting.