- 34 - Thereafter, the plaintiffs sought attorneys' fees, and the District Court awarded attorneys' fees and costs to all the plaintiffs in the Farmers lawsuit, and not just to DCI. Respondent points to the following language in the District Court's opinion to support her position that the District Court awarded all of the lost profits damages to DCI and did not award any portion of those damages to the Diamonds as the owners of ETS: Deducting the above costs and overhead items of $1,514,929.52 from the $3,011,945.03 total additional revenue that Diamond Claims would have received if Farmers had not breached their investigation services contract, I find that Diamond Claims' lost profits for the period 1981-1985 were $1,497,015.51. We acknowledge that the foregoing language in the District Court's opinion, standing alone, appears to lend support to respondent's position. However, that language does not stand alone and should not be read in a vacuum without regard to all the other relevant facts relating to the District Court's award in the Farmers lawsuit that we have found. We believe that the reason that the District Court referred to the lost profits damages as "Diamond Claims' lost profits" is that it relied on and adopted Mr. Wharton's approach that was reflected in his testimony at the damages hearing and in Analysis 1 of treating ETS as a division of DCI for purposes of calculating the lost profits damages to be awarded to the plaintiffs in the Farmers lawsuit. Mr. Wharton testified at that hearing that, in deter-Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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