P & S BUSINESS MACHINES v. OLYMPIA U.S.A.

No. 82-7135.

707 F.2d 1321 (1983)

P & S BUSINESS MACHINES, INC., Plaintiff-Appellant, v. OLYMPIA U.S.A., INC., a corporation, and Robert Morris, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 24, 1983.


Attorney(s) appearing for the Case

Costello & Stott, Leo E. Costello, Birmingham, Ala., for plaintiff-appellant.

Cabaniss, Johnston, Gardner, Dumas & O'Neal, L. Vastine Stabler, Jr., Lee E. Bains, Jr., Birmingham, Ala., for defendants-appellees.

Freeman, Atkins & Coleman, Robert C. Goldberg, Chicago, Ill., for amicus Nat. Office Mach. Dealers Ass'n.

Before FAY, HENDERSON and HATCHETT, Circuit Judges.


PER CURIAM:

This is an appeal from the granting of the defendants' motion for a directed verdict during the second trial of a fraud claim under Alabama law. In the first trial the jury returned a verdict for the plaintiff for $3,000,000 which was set aside by the trial judge. We reverse the judgment entered for the defendants and order a new trial on both liability and damages.

BACKGROUND

This case came to federal court after removal from state court...

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