EATON v. NATIONAL STEEL PRODUCTS CO.

Nos. 77-2613, 77-3286.

624 F.2d 863 (1980)

Robert T. EATON, doing business as Eaton Construction, Plaintiff-Appellant, v. NATIONAL STEEL PRODUCTS COMPANY, a Texas Corporation, formerly Stran-Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended February 4, 1980.


Attorney(s) appearing for the Case

William B. Morse, Absarokee, Mont., for plaintiff-appellant.

James C. Capser, argued, Franklin Longan, Billings, Mont., for defendant-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and CLAIBORNE, District Judge.


PER CURIAM:

After the jury returned its verdict, the district court, on timely motion of the defendant, ordered a new trial on grounds that the verdict was excessive, with the condition that if plaintiff accepted a remittitur, judgment for the verdict less the remittitur would be entered. The plaintiff declined the remittitur and attempts to appeal to this court. Plaintiff also attempts to appeal a directed verdict entered against him on an antitrust claim.

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