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AMERICAN AUTO. ASS'N v. AAA LEGAL CLINIC

No. 90-8233.

930 F.2d 1117 (1991)

The AMERICAN AUTOMOBILE ASSOCIATION (INCORPORATED), Plaintiff-Appellant Cross-Appellee, v. AAA LEGAL CLINIC OF JEFFERSON CROOKE, P.C., a/k/a AAA Legal Clinic of James J. Crook, P.C., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

Richard S. Siluk, Deborah A. Verbil, Baker & Botts, Houston, Tex., for plaintiff-appellant cross-appellee.

James J. Crook, El Paso, Tex., defendant-appellee cross-appellant.

Before RUBIN, POLITZ, and DUHÉ, Circuit Judges:

ALVIN B. RUBIN, Circuit Judge:

A plaintiff alleging service-mark infringement appeals the district court's decision upon completion of trial to ignore one admission of the opposing party and deem another withdrawn, absent any motion to do so. Because we find that the plaintiff relied on the admissions, and the court's decision therefore prejudiced the plaintiff in contravention of Federal Rule of Civil Procedure 36(b), we reverse and remand.

I.

The...

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