Convoy Company, an Oregon Corporation v. Sperry Rand Corporation, a Delaware Corporation

This court remanded the initial judgment in favor of Convoy Company for a determination whether the judgment, when coupled with a prior settlement, resulted in a double recovery. Convoy Corp. v. Sperry Rand Corp., 601 F.2d 385 (9th Cir. 1979). On remand the district court found that Convoy’s total provable damages exceeded the total of the settlement and the judgment and entered judgment in the same amount previously entered.

On appeal Sperry Rand, (referred to as Univac) argues that the district court erred by including in the damages (a) prejudgment interest, (b) the cost of salaried supervisors, and (c) the total electronic data processing staff costs. Convoy cross-appeals, arguing that the interest on the judgment should be increased.

After reviewing the record, transcripts, and briefs we conclude (1) that Univac has failed to show that the district court erred as a matter of law; and (2) that any mistake as to the factual computation of damages is harmless because Convoy’s total damages would still exceed the amount necessary to avoid a double recovery. It does appear, however, that the district court erred in failing to provide for the increase in legal interest adopted by…