Calcor Space Facility, Inc. v. McDonnell Douglas Corp.

MEMORANDUM *

Calcor Space Facility, Inc. (“Calcor”) appeals the district court’s judgment in its breach of contract action against McDonnell Douglas Corp. (“MDC”), and MDC cross appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

The facts are well presented in the trial court’s findings of facts and are known to the parties. Calcor presents three arguments: (1) that the district court erred in enforcing a partial settlement agreement; (2) that the district court erred in denying a jury trial on the remaining contract claim; and (3) that the district court erred in its computation of profit under the termination clause claim. MDC in its cross appeal argues that the district court erroneously awarded duplicative profit in its computation.

1. The partial settlement agreement

We review de novo the district court’s interpretation of a settlement agreement, and we review the district court’s resolution of disputed facts for clear error. United Commercial Ins. Serv., Inc. v. *789 Paymaster Corp., 962 F.2d 853 , 856 (9th Cir.1992).

On April 7, 1988, the parties met and signed a one page memorandum entitled “Privileged Settlement…