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.
Docket: 92-1460
Court: Court of Appeals for the Federal Circuit; October 27, 1995; Federal Appellate Court
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.