Hyundai Motor America, Plaintiff-Counter-Defendant-Appellee v. Miller/zell, Inc., Defendant-Counter-Claimant-Appellant

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HYUNDAI MOTOR AMERICA, Plaintiff-counter-defendant-Appellee, v. MILLER/ZELL, INC., Defendant-counter-claimant-Appellant. No. 92-55949. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1993. Decided March 3, 1994. Before: FLETCHER, PREGERSON, and HALL, Circuit Judges. 1 Miller/Zell, Inc., appeals the judgment entered by the district court after a bench trial, as well as the district court's denial of Miller/Zell's request for attorney's fees. We affirm. 2 * First, Miller/Zell challenges the district court's decision to hold Hyundai Motor America responsible for only a portion of Miller/Zell's excess inventory. In 1985 the parties entered into an agreement granting Miller/Zell the exclusive right to provide "Environmental Marketing Program" (EMP) kits to Hyundai dealers. Under this agreement, Hyundai assumed limited inventory liability. In 1987 the parties entered into a "letter agreement"…