Aloecorp, Inc. v. Damken, L.L.C. , 551 F. App'x 140 ( 2014 )

PER CURIAM: *

Defendantr-Appellant Damken, L.L.C. appeals the judgment of the district court implementing the jury’s award of damages for breach of the construction contract between Damken and Plaintiff-Appellee Al-oecorp, Incorporated. Our review of the record brought forward on appeal, in light of the applicable law as reflected in the appellate briefs of the parties, satisfies us that Damken’s claims, including that the district court abused its discretion (1) by denying Damken’s motion for partial judgment on the pleadings and for judgment as a matter of law for anticipatory breach, early termination, and repudiation of a construction contract at issue, and (2) by refusing to submit the issue of restitution to the jury, are not sustained by the facts or the law. In sum, we perceive no reversible error and therefor affirm the district court’s award of damages, attorney’s fees and costs, court costs, and post-judgment interest.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.