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PENNCRO ASSOCIATES, INC. v. SPRINT SPECTRUM, L.P.

Nos. 06-3288, 06-3296, 06-3365.

499 F.3d 1151 (2007)

PENNCRO ASSOCIATES, INC., Plaintiff-Appellee/Cross-Appellant, v. SPRINT SPECTRUM, L.P. d/b/a Sprint PCS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 24, 2007.

Attorney(s) appearing for the Case

Russell S. Jones, Jr. (Richard M. Paul, III, with him on the briefs), Shughart Thomson & Kilroy, P.C., Kansas City, MO, for Defendant-Appellant/Cross-Appellee.

Richard P. McElroy, McElroy & Associates, LLP, Media, Pennsylvania (Sheila E. Branyan and Jason W. Norris, Blank Rome LLP, Philadelphia, PA, with him on the briefs), for Plaintiff-Appellee/Cross-Appellant.

Before KELLY, BALDOCK, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Sprint Spectrum, L.P., does not dispute that it breached its contract with its former bill collector, Penncro Associates, Inc. Still, it offers two reasons why, in its view, the district court's judgment for Penncro in excess of $17 million should be reversed. First, Sprint argues that the parties' agreement precludes the sort of damages Penncro seeks. In their contract, the parties agreed to forego "consequential damages," and Sprint urges...

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