Perry Drug Stores v. NP Holding Corp.

Defendant-Appellant NP Holding Corporation (“NP”) appeals the district court’s order (1) adopting the report and recommendations of a special master; and (2) entering judgment in favor of PlaintiffAppellee Perry Drug Stores (“Perry”), in the amount of $1,191,381.96. For the reasons set forth below, we AFFIRM the decision of the district court.

I. Background

This matter is before this Court on appeal for the second time. In the first appeal, we remanded the case to the district court for its consideration of damages against NP as guarantor of an indemnity provision included in a January 22, 1988…