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R.B. MATTHEWS v. TRANSAMERICA TRANSP. SERVICES

No. 90-15509.

945 F.2d 269 (1991)

R.B. MATTHEWS, INC., Plaintiff-Appellee, v. TRANSAMERICA TRANSPORTATION SERVICES, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1991.

Attorney(s) appearing for the Case

Bruce W. Belding, Graham & James, San Francisco, Cal., for defendant-appellant.

Fred R. Brinkop, Branson, Fitzgerald & Howard, Redwood City, Cal., for plaintiff-appellee.

Before GOODWIN and SNEED, Circuit Judges, and TAYLOR, District Judge.

SNEED, Circuit Judge:

Transamerica Transportation Services, Inc. (TTS) appeals from the judgment entered below in favor of the plaintiff, R.B. Matthews, Inc. (RBM). The lower court, in a bench trial, found that TTS did not use its "best efforts" to provide 600 trailers to RBM pursuant to their agreement. The court awarded $551,300 to RBM. We affirm the judgment as to liability, but reverse the award of damages and remand the case for further determinations on the...

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