Tri-State Petroleum Corporation v. Saber Energy, Inc. D/B/A Saber Refining Co.

THORNBERRY, Circuit Judge:

This appeal concerns the interpretation of a contract that required Tri-State Petroleum to buy gasoline from Saber Refining. Tri-State asserts that it successfully incorporated a clause in the contract that allowed it to cancel the agreement. The magistrate 1 held, however, that the clause never became part of the contract. TriState also asserts that the magistrate erred in calculating Saber’s damages because of Tri-State’s breach of the contract, and in refusing to award attorneys’ fees to TriState. We affirm the magistrate’s decision on Tri-State’s liability under…