FLORIDA HARVESTORE, INC. v. A. O. SMITH HARVESTORE PRODUCTS INC.

No. 76-1869.

561 F.2d 631 (1977)

FLORIDA HARVESTORE, INC. (a corporation), on its own behalf and on behalf of others similarly situated, Plaintiffs-Appellees Cross-Appellants, v. A. O. SMITH HARVESTORE PRODUCTS INC. (a corporation), Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1977.


Attorney(s) appearing for the Case

Dwight Sullivan, Miami, Fla., for defendant-appellant.

Rogers, Morris & Ziegler, J. Patrick, Dyal, Fort Lauderdale, Fla., Hogan & Hartson, E. Barrett Prettyman, Jr., Stuart Philip Ross, Washington, D.C., for plaintiffs-appellees.

Before GOLDBERG and FAY, Circuit Judges, and DUMBAULD, District Judge:


PER CURIAM:

The district court awarded $105,000 damages to plaintiff on the territorial restrictions claim. That part of the judgment is vacated and the case remanded in light of Continental T. V., Inc. v. GTE Sylvania Inc., ___ U.S. ___, 97 S.Ct. 2549, 53 L.Ed.2d 568 (1977).

On the misrepresentation claim the district court rendered judgment for defendant notwithstanding the jury's $20,000 plaintiff's verdict. We uphold the district court's decision...

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