- 33 -
unable to determine precisely the portion of the total lost
profits reflected in Analysis 1 that was attributable to ETS,
"the bulk of what is in the office profitability would have been
from Evergreen." In that regard, Mr. Wharton further testified
with respect to Analysis 1 that (1) the lost revenues of $553,745
that he allocated to the office category in Analysis 1 were lost
revenues from clerical and secretarial services such as typing,
photocopying, and transcribing; (2) the direct costs of $174,939
that he allocated to the office category were costs that would
have been associated with the lost revenues in that category
including variable office costs, such as hourly rates charged by
typists; and (3) the variable overhead of $155,132 included
additional costs that would have been associated with the lost
revenues in the office category.
Based upon the pretrial order and evidence presented at the
damages hearing, in its opinion, the District Court awarded to
all the plaintiffs in the Farmers lawsuit (viz., DCI and the
Diamonds), and not just to DCI, damages in the total amount of
$1,886,63623 for FIG's liability for breaches of contract, indem-
nity, and fraudulent misrepresentations. On February 26, 1987,
it entered a judgment reflecting that opinion in favor of all the
plaintiffs, and not just DCI, and for interest on those damages.
23 This amount included the District Court's award to the plain-
tiffs of reliance damages, which was reversed by the U.S. Court
of Appeals for the Ninth Circuit.
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