American Telephone & Telegraph Co. v. United Computer Systems, Inc.

Good Law
98 F.3d 1206·1996 WL 625919
United States Court of Appeals for the Ninth CircuitOctober 30, 1996Nos. 94-55565, 94-55567California2,753 words

Opinion

Lead Opinion

Leavy, J.

OPINION *

North American Timeshare, Inc. (“NAT”) appeals from the district court’s calculation of prejudgment and postjudgment interest, and American Telephone and Telegraph Company (“AT & T”) cross-appeals from the order of the district court confirming an arbitration award. We affirm in part, reverse in part, and remand.

FACTS AND PRIOR PROCEEDINGS

On December 28, 1990, an arbitration award was granted to United Computer Systems, Inc. (“UCS”), who for purposes of this appeal we assume was the predecessor-in-interest to NAT. The district court entered its first judgment confirming that award on October 9, 1991. In the prior appeals, AT & T challenged the denial of its motion to vacate the arbitration award, and NAT cross-appealed, arguing that the district court *1208 erred by failing to calculate prejudgment interest according to California law.

In March of 1992, we granted AT & T's motion for a limited remand so it could petition the district court to vacate the confirmation order and to vacate the arbitration award. Fed.R.App.P. 27. On May 4, 1992, the district court vacated the confirmation order under Fed.R.Civ.P. 60(b)(3) and vacated the arbitration award under section…

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