Spokane School District No. 81 v. Northwest Building Systems, Inc.

Good Law
253 F. App'x 688
United States Court of Appeals for the Ninth CircuitNovember 6, 2007No. 06-35308California351 words

Opinion

Lead Opinion

MEMORANDUM **

This matter is on appeal from a judgment entered in favor of Northwest Building Systems, Inc. (“NBS”) and Nordyne, Inc. (“Nordyne”) after a full trial on the merits before Magistrate Judge Michael Leavitt. We review for clear error findings of fact made after a bench trial. Saltarelli v. Bob Baker Group Med. Trust, 35 F.3d 382 , 384 (9th Cir.1994); see Fed. R.Civ.P. 52(a) (“Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.”). The clear error standard “is significantly deferential, requiring a ‘definite and firm conviction that a mistake has been committed’ before reversal is warranted.” Mathews v. Chevron Corp., 362 F.3d 1172, 1180 (9th Cir.2004) (quoting McClure v. Thompson, 323 F.3d 1233, 1240 (9th Cir.2003)). We review a trial court’s evidentiary rulings for abuse of discretion. General Elec. Co. v. Joiner, 522 U.S. 136, 141-42 , 118 S.Ct. *689 512 , 139 L.Ed.2d 508 (1997). After careful review of the record, the briefs of the parties, and the oral arguments of counsel, we…

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