E. David Rosenberg and Air Masters, S.W., Inc. v. Sears, Roebuck and Co.

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. E. David ROSENBERG and Air Masters, S.W., Inc., Plaintiff-Appellee, v. SEARS, ROEBUCK AND CO., Defendant-Appellant. No. 93-16061. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1994. Decided June 5, 1995. Before: TANG, REINHARDT, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Sears, Roebuck and Co. ("Sears") appeals the amount of damages awarded to E. David Rosenberg ("Rosenberg") after a bench trial on Rosenberg's breach of contract claim. On appeal, Sears argues that the award of lost profits was clearly erroneous because it was unsupported by the evidence. In addition, Sears maintains that the district court erred in awarding, in addition to lost profits, the funds that Rosenberg invested in his business. Jurisdiction was based on diversity. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. I. 3 Rosenberg is in the heating, ventilation and air conditioning ("HVAC")…