Holbrook Chipper, Inc. v. Georgia-Pacific Corp.

81 F.3d 168 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HOLBROOK CHIPPER, INC., an Oregon corporation; Arthur K. Howell; A. Gene Howell, dba Holbrook Chipping, Plaintiffs-Appellants, v. GEORGIA-PACIFIC CORPORATION, a Georgia corporation, Defendant-Appellee. No. 94-35952. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided March 26, 1996. Before: REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Holbrook Chipper, Inc. appeals the district court's judgment following a jury verdict in favor of Georgia-Pacific Corporation. Holbrook asserts that the district court erred when it (1) allowed Georgia-Pacific to submit evidence that softwood sales mitigated Holbrook's damages; (2) failed to strike the mitigation defense because Georgia-Pacific did not prove the amount of mitigation; and (3) failed to instruct the jury that Georgia-Pacific bore the burden of proving the benefits of mitigation. We reverse. DISCUSSION 3 1.…