GOLD v. NATIONAL SAV. BANK OF CITY OF ALBANY

Nos. 79-1039, 1040.

641 F.2d 430 (1981)

Freddie GOLD and wife, Goldie Gold, Plaintiffs-Appellees, Cross-Appellants, v. NATIONAL SAVINGS BANK OF the CITY OF ALBANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1981.


Attorney(s) appearing for the Case

W. Emmett Marston and Lee L. Piovarcy, Martin, Tate, Morrow & Marston, Memphis, Tenn., for defendants-appellants, cross-appellees.

Charles G. Black, Memphis, Tenn., for plaintiffs-appellees, cross-appellants.

Before EDWARDS, Chief Judge, KEITH and BROWN, Circuit Judges.


KEITH, Circuit Judge.

This diversity case arises out of the alleged breach of a permanent financing agreement by the defendant bank. In answering a special interrogatory, the jury below found that the bank acted fraudulently in refusing to make a permanent loan to the plaintiffs. The jury awarded the plaintiffs $150,000 compensatory and $50,000 punitive damages. The district court, however, granted a judgment n.o.v. regarding the punitive damages and ordered remittitur...

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