Gen. Facilities, Inc., a Corp. Cont'l Oil Co., a Corp. Cont'l Pipe Line Co., a Corp. v. Nat'l Marine Serv., Inc., a Corp., Gen. Facilities, Inc., a Corp. Cont'l Oil Co. a Corp. Cont'l Pipe Line Co., a Corp. v. Nat'l Marine Serv., Inc., a Corp., 664 F.2d 672 (8th Cir. 1981). · Go Syfert
Gen. Facilities, Inc., a Corp. Cont'l Oil Co., a Corp. Cont'l Pipe Line Co., a Corp. v. Nat'l Marine Serv., Inc., a Corp., Gen. Facilities, Inc., a Corp. Cont'l Oil Co. a Corp. Cont'l Pipe Line Co., a Corp. v. Nat'l Marine Serv., Inc., a Corp., 664 F.2d 672 (8th Cir. 1981). Cases Citing This Book View Copy Cite
54 citation events (15 in the last 25 years) across 20 distinct courts.
Strongest positive: Whatley v. Canadian Pacific Railway Limited (ndd, 2024-01-05)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Whatley v. Canadian Pacific Railway Limited
D.N.D. · 2024 · confidence medium
In General Facilities, the district court concluded the applicable prejudgment interest rate (15.75 percent) was based on the average prime rate during the relevant timeframe “as adduced at trial.” 664 F.2d at 674.
discussed Cited as authority (rule) Bingham v. Zolt
S.D.N.Y. · 1993 · confidence medium
Marine Service, 664 F.2d 672 (8th Cir.1981) (“Prejudgment interest serves at least two purposes: (1) it helps compensate plaintiffs for the true cost of money damages they have incurred, and (2) where liability and the amount of damages are fairly certain, it promotes settlement and deters an attempt to benefit unfairly from the inherent delays of litigation.” Id. at 674).
cited Cited as authority (rule) Doyne v. Union Elec. Co.
E.D. Mo. · 1991 · signal: cf. · confidence medium
J.); cf., General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited as authority (rule) HB Fuller Co. v. National Starch and Chemical Corp.
D. Minnesota · 1988 · signal: cf. · confidence medium
Lam, Inc. v. Johns-Manville Corp., 718 F.2d at 1066; cf. General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited as authority (rule) Studiengesellschaft Kohle M.B.H. v. Dart Industries, Inc.
D. Del. · 1987 · signal: cf. · confidence medium
Cf. General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981) (discretionary award of prejudgment interest at the prime rate in an admiralty action)..
cited Cited as authority (rule) Stroh Container Co. v. Delphi Industries, Inc.
8th Cir. · 1986 · confidence medium
General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited as authority (rule) Stroh Container Company Formerly Known as Jos. Schlitz Brewing Company v. Delphi Industries, Inc., Delphi Industries, Inc. v. Stroh Container Company Formerly Known as Jos. Schlitz Brewing Company
8th Cir. · 1986 · confidence medium
General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
discussed Cited as authority (rule) Federal Barge Lines, Inc. v. Granite City Steel
E.D. Mo. · 1985 · confidence medium
Ohio River v. Peavey , at 549; General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981); Federal Barge Lines v. Republic Marine , at 373-374; U.S. v. M/V GOPHER STATE , at 1190; Ohio River v. Peavey , at 93.
cited Cited as authority (rule) Lam, Inc. v. Johns-Manville Corporation and Johns-Manville Sales Corporation
Fed. Cir. · 1983 · signal: cf. · confidence medium
Cf. General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981) (discretionary award of prejudgment interest at the prime rate in an admiralty action).
discussed Cited as authority (rule) Consolidated Grain and Barge Company, a Corporation, Appellant-Cross v. Archway Fleeting & Harbor Service, Inc., a Corporation, Appellee-Cross
8th Cir. · 1983 · confidence medium
See Federal Barge Lines, Inc. v. Republic Marine, Inc., 616 F.2d 372, 373 (8th Cir.1980); Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973); General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited "see" Procter & Gamble Manufacturing Company, The v. Association of Employees of the St. Louis Plant
E.D. Mo. · 2019 · signal: see · confidence high
See Stroh Container Co., 783 F.2d at 752 (citing General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981)).
discussed Cited "see" Lich v. Cornhusker Casualty Co.
D. Neb. · 1991 · signal: see · confidence high
See Rowse v. Platte Valley Livestock, Inc., 604 F.Supp. 1463, 1470 (D.Neb.1985) (“Nebraska’s restrictive rules on liquidation do not control the availability of prejudgment interest under either the Interstate Commerce Act or the Packers and Stockyard Act.”) The theory behind prejudgment [interest] is to “[help] compensate plaintiffs for the time cost of money damages they have incurred.” General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 673 (8th Cir.1981).
cited Cited "see" Kent D. Kehr, P.C. v. Aronowitz
E.D. Mo. · 1990 · signal: see · confidence high
See General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
discussed Cited "see" Cook v. Hartford Accident & Indemnity Co.
D. Neb. · 1987 · signal: see · confidence high
See Rowse v. Platte Valley Livestock, Inc., 604 F.Supp. 1463, 1470 (D.Neb.1985) (“Nebraska’s restrictive rules on liquidation do not control the availability of prejudgment interest under either the Interstate Commerce Act or the Packers and Stockyard Act.”) The theory behind prejudgment is to “[help] compensate plaintiffs for the time cost of money damages they have incurred.” General Facilities v. National Marine Service, Inc., 664 F.2d 672 , 673 (8th Cir.1981).
cited Cited "see" Trimble v. American Savings Life Insurance
Ariz. Ct. App. · 1986 · signal: see · confidence high
See General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited "see" Central Rivers Towing, Inc. v. City of Beardstown
7th Cir. · 1984 · signal: see · confidence high
See General Facilities, Inc. v. National Marine Service, 664 F.2d 672 , 674 (8th Cir.1981); Gator Marine Service Towing, Inc. v. J.
discussed Cited "see, e.g." Westchester Surplus Lines Insurance v. Maverick Tube Corp.
S.D. Tex. · 2010 · signal: see also · confidence medium
Again quoting the Eighth Circuit, KV Pharmaceutical noted the two purposes of prejudgment interest: “ ‘unless prejudgment interest is available, compensation will be inadequate and defendants will have an incentive to prolong litigation to take advantage of the time value of money.’ ” Id. (quoting Nodaway Valley Bank, 916 F.2d at 1368 ); see also General Facilities, Inc. v. National Marine Service Inc., 664 F.2d 672, 674 (8th Cir.1981) (“Prejudgment interest serves at least two purposes: (1) it helps compensate plaintiffs for the true cost of money damages they have incurred, and (2)…
discussed Cited "see, e.g." The Ohio River Company v. Peavey Company, in Personam and the M/v Gremco, Her Engines, Tackle, Etc., in Rem, the Ohio River Company v. Peavey Company, in Personam and the M/v Gremco, Her Engines, Tackle, Etc., in Rem
8th Cir. · 1984 · signal: see, e.g. · confidence medium
See, e.g., General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981) (average prime interest rate during relevant period); Federal Barge Lines, Inc. v. Republic Marine, Inc., 616 F.2d 372, 373-74 (8th Cir.1980) (prevailing rate of interest).
discussed Cited "see, e.g." Ohio River Co. v. Peavey Co.
8th Cir. · 1984 · signal: see, e.g. · confidence medium
See, e.g., General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981) (average prime interest rate during relevant period); Federal Barge Lines, Inc. v. Republic Marine, Inc., 616 F.2d 372, 373-74 (8th Cir.1980) (prevailing rate of interest).
cited Cited "see, e.g." Equal Employment Opportunity Commission v. Liggett & Myers Incorporated, Equal Employment Opportunity Commission v. Liggett & Myers Incorporated
4th Cir. · 1982 · signal: see, e.g. · confidence medium
See, e.g., General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8 Cir. 1981).
Retrieving the full opinion text from the archive…
General Facilities, Inc., a Corporation Continental Oil Company, a Corporation Continental Pipe Line Company, a Corporation
v.
National Marine Service, Inc., a Corporation, General Facilities, Inc., a Corporation Continental Oil Company a Corporation Continental Pipe Line Company, a Corporation v. National Marine Service, Inc., a Corporation
81-1635.
Court of Appeals for the Eighth Circuit.
Nov 25, 1981.
664 F.2d 672
Published

664 F.2d 672

GENERAL FACILITIES, INC., a corporation; Continental Oil
Company, a corporation; Continental Pipe Line
Company, a corporation, Appellees,
v.
NATIONAL MARINE SERVICE, INC., a corporation, Appellant.
GENERAL FACILITIES, INC., a corporation; Continental Oil
Company a corporation; Continental Pipe Line
Company, a corporation, Appellants,
v.
NATIONAL MARINE SERVICE, INC., a corporation, Appellee.

Nos. 81-1635, 81-1644.

United States Court of Appeals,
Eighth Circuit.

Submitted Nov. 10, 1981.
Decided Nov. 25, 1981.

William G. Ohlhausen, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for appellant/cross appellee.

James D. Eckhoff, Fordyce & Mayne, P. C., Clayton, Mo., for appellees/cross appellants.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON,[*] Chief Judge.

PER CURIAM.

[*~672]1

This matter arises out of a collision between runaway barges and a barge-loading facility. The parties appeal from the inclusion of lost profits and prejudgment interest in the trial court's award of damages. We affirm the judgment below.[1]

2

Two river barges under the control of National Marine Service broke free of their moorings and drifted into a barge-loading facility owned by Conoco,[2] causing the facility to be closed several months for repairs. The parties stipulated that Conoco expended over $53,000 to repair the facility and incurred additional expenses totaling $46,000 to fulfill its contractual commitments through other barge-loading facilities. The trial court awarded prejudgment interest on the foregoing amounts at the rate of 15.75 percent per year. It also awarded $66,000 for profits that would have been earned from operating the facility during the months it was closed, but declined to grant prejudgment interest on this amount.

3

National Marine concedes that an award of prejudgment interest is within the trial court's discretion, but contends that the interest rate of 15.75 percent is excessive and unsupported by the evidence. It also challenges the award of interest on Conoco's claim for added expenses incurred through use of other barge facilities, arguing that the time frame of such expenses was not established at trial.

4

We find no merit in these contentions. Prejudgment interest serves at least two purposes: (1) it helps compensate plaintiffs for the true cost of money damages they have incurred, and (2) where liability and the amount of damages are fairly certain, it promotes settlement and deters an attempt to benefit unfairly from the inherent delays of litigation. Here, National Marine denied liability when Conoco commenced this action, but did not present even a single witness in its defense at trial. The damage elements on which interest was awarded were based upon stipulated figures. On these facts, the trial court did not abuse its discretion in awarding prejudgment interest.

5

In arriving at 15.75 percent, the trial court relied upon the average prime interest rate during the relevant period, as adduced at trial. This is an attempt to approximate the implicit cost to Conoco of its money losses and the benefit to National Marine from use of such monies. Although the average prime rate is not the only possible standard, we cannot say it is unreasonable or an abuse of discretion to follow it as a guide. See Federal Barge Lines, Inc. v. Republic Marine, Inc., 616 F.2d 372 (8th Cir. 1980).

[*~673]6

Neither was it an abuse of discretion to apply interest on the added expenses incurred by Conoco. National Marine did not dispute that these were necessary if Conoco was to honor its contractual commitments while the damaged facility was closed. Moreover, it is clear these expenses were incurred during the shutdown period and that the initial date from which interest was awarded is later than such period. Thus, National Marine could not be harmed by Conoco's failure to establish the specific dates on which each of these expense items were incurred.

7

National Marine next contends that the measure of lost profits is too speculative to be sustained. We cannot agree. Conoco established the volume of business and level of profits earned at the facility prior to the interruption and the parallel figures following reopening. See Rich v. Eastman Kodak Co., 583 F.2d 435 (8th Cir. 1978). The trial court found, on substantial evidence, that Conoco earned an average net profit of $ .055 per barrel loaded at the facility. The only serious dispute by National Marine involves the estimate of the number of barrels that would have been loaded at the facility during the period it was closed. Such estimates are necessarily inexact. There is further concern where, as here, the volume of business was declining at the facility. The trial court, however, had available both the before and after data, and reliable estimates of the other factors which could affect the volume of business during the shutdown period. The trial court's findings appear to be an appropriately conservative determination of lost profits where the fact of such losses is clear. We can find nothing unreasonable or speculative about the award. See Cargill, Inc. v. Taylor Towing Service, Inc., 642 F.2d 239, 241 (8th Cir. 1981).

8

Finally, Conoco contends that it was entitled to prejudgment interest on the award for lost profits. We note that, absent exceptional or peculiar circumstances, such interest is to be awarded on claims directly related to property losses. See Mid-American Transportation Company, Inc. v. Cargo Carriers, Inc., 480 F.2d 1071 (8th Cir. 1973). A particular claim for lost profits, however, may be less susceptible of exact measurement, or the liability for such indirect losses may be less clear. Consideration of these factors is within the trial court's discretion. Although an award of prejudgment interest might have been proper on Conoco's lost profits claim, we cannot find that it was an abuse of discretion not to do so, particularly where a substantial interest award was made on the other direct losses.

[*~674]9

The judgment below is affirmed in all respects.

*

The Honorable PAUL BENSON, Chief Judge, United States District Court for the District of North Dakota, sitting by designation

1

The case was tried without a jury before the Honorable John K. Regan, United States District Judge for the Eastern District of Missouri, 515 F.Supp. 1162

2

The plaintiffs below are collectively referred to herein as Conoco