BOLDEN v. SEPTA

No. 93-1216.

21 F.3d 29 (1994)

Russell BOLDEN, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Third-Party Plaintiff, v. TRANSPORT WORKERS UNION OF PHILADELPHIA, LOCAL 234, TRANSPORT WORKERS UNION OF AMERICA/AFL-CIO, Third-Party Defendant, Southeastern Pennsylvania Transportation Authority, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 7, 1994.

Sur Petition for Rehearing May 9, 1994.


Attorney(s) appearing for the Case

Richard S. Meyer (argued), Blank, Rome, Comisky & McCauley, Philadelphia, PA, for appellant.

H. Francis deLone, Jr. (argued), Philadelphia, PA, for appellee.

Before: STAPLETON, ROTH and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

We revisit a case which had come before us in banc and which we had remanded for a new trial on damages. Now, after the trial on remand, we confront a contention that the jury verdict was inconsistent with the law of the case as established by our in banc opinion in the first appeal. We conclude that the jury's verdict can be reconciled with our prior ruling, and that the evidence presented at trial was sufficient to support the...

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