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TOM'S FOODS, INC. v. CARN

1021095 and 1021155.

896 So.2d 443 (2004)

TOM'S FOODS, INC. v. William C. CARN III, as the trustee in bankruptcy for Larry Duke d/b/a Duke's Vending. William C. Carn III, as the trustee in bankruptcy for Larry Duke d/b/a Duke's Vending v. Tom's Foods, Inc.

Supreme Court of Alabama.

August 20, 2004.

Attorney(s) appearing for the Case

David R. Boyd, W. Joseph McCorkle, Jr., and JoClaudia Moore of Balch & Bingham, LLP, Montgomery; and Edward M. Price, Jr., and Elizabeth B. Glasgow of Farmer, Price, Hornsby & Weatherford, LLP, Dothan, for appellant/cross-appellee Tom's Foods, Inc.

M. Adam Jones and Banks T. Smith of Hall, Smith & Jones, Dothan; and Terry L. Butts of Cervera, Ralph & Butts, Troy, for appellee/cross-appellant William C. Carn III, as the trustee in bankruptcy for Larry Duke d/b/a Duke's Vending.

STUART, Justice.

Larry Duke d/b/a Duke's Vending ("Duke") sued Tom's Foods, Inc., alleging as its sole cause of action intentional interference with business or contractual relations.1 The case proceeded to trial, and the jury awarded Duke $500,000 in compensatory damages and $4 million in punitive damages. Tom's Foods moved for a new trial. After a hearing, the trial court denied the motion conditioned on Duke's accepting a remittitur...

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