Rite-Hite Corporation, Acme Dock Specialists, Inc., Allied Equipment Corp., Applied Handling, Inc., Anderson Material Handling Co., Block-Dickson, Inc., Robert Lund D/B/A Hmh Company, Hoj Engineering & Sales Co., Inc., Johnson Equipment Co., Johnl & Associates, Inc., Keller Equipment Co., Inc., Loading Dock Equipment, Inc., Metro Dock Specialists, Inc., McCormick Equipment Company, Inc., Mid-South Dock Systems, Inc., Harry Monohan, Niehaus Industrial Sales, Inc., Northway Material Handling Co., Inc., Pemco Material Handling, Inc., R.B. Curlin, Inc., Rice Equipment Company, Stokes Equipment Company, Inc., Robert Soper Limited, Timbers & Associates, Inc., Todd Equipment Corporation, Thayer Systems, Inc., and W.E. Carlson Corporation, Plaintiffs/cross-Appellants v. Kelley Company, Inc.

Citations: 73 F.3d 376; 1995 U.S. App. LEXIS 40616; 1995 WL 656899Docket: 92-1460

Court: Court of Appeals for the Federal Circuit; October 27, 1995; Federal Appellate Court

Combined Opinion AnalysisCombined Opinion SummaryCombined Opinion Original

Narrative Opinion Summary

Kelley Company, Inc. appeals the costs awarded to Rite-Hite Corporation by the district court. The appeal follows a prior decision by the United States Court of Appeals, Federal Circuit, which affirmed in part and reversed in part the district court’s judgment regarding damages. Although the court's mandate was stayed pending potential Supreme Court review, the Supreme Court subsequently declined Kelley's petition for certiorari. The district court's cost award, which included costs related to matters where Kelley was successful on appeal, is vacated and remanded for redetermination in line with the appellate court's judgment. Kelley retains the right to contest any cost types or amounts during the redetermination process. The appellate court refrains from commenting on other issues raised in the appeal.

Legal Issues Addressed

Award of Costs Following Appealsubscribe to see similar legal issues

Application: The district court's award of costs was vacated and remanded for redetermination because it included costs related to matters where Kelley Company, Inc. was successful on appeal.

Reasoning: The district court's cost award, which included costs related to matters where Kelley was successful on appeal, is vacated and remanded for redetermination in line with the appellate court's judgment.

Mandate Stayed Pending Supreme Court Reviewsubscribe to see similar legal issues

Application: The court's mandate was stayed while awaiting a potential Supreme Court review, which was ultimately declined.

Reasoning: Although the court's mandate was stayed pending potential Supreme Court review, the Supreme Court subsequently declined Kelley's petition for certiorari.

Right to Contest Costs on Remandsubscribe to see similar legal issues

Application: Kelley Company, Inc. retains the right to contest the types or amounts of costs awarded during the remand process.

Reasoning: Kelley retains the right to contest any cost types or amounts during the redetermination process.