SUMITOMO BANK OF CALIFORNIA v. PRODUCT PROMOTIONS, INC.

No. 81-1620.

717 F.2d 215 (1983)

SUMITOMO BANK OF CALIFORNIA, Plaintiff-Appellant Cross-Appellee, v. PRODUCT PROMOTIONS, INC., Elwood Ross, and Gwendolyn Ross, et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1983.


Attorney(s) appearing for the Case

Mike McCollum, Daniel J. Sheehan, Jr., Dallas, Tex., for plaintiff-appellant cross-appellee.

Toby L. Gerber, Dallas, Tex., for Product Promotions, E. Ross and G. Ross.

Blankenship & Potts, Howard Jensen, Dallas, Tex., C. Terry Hagin, Abilene, Tex., for SLT Warehouse.

Before CLARK, Chief Judge, THORNBERRY and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Sumitomo Bank of California appeals the adverse grants of judgment n.o.v. on a special issue of damages in its suit to recover the balance on a note and for damages for conversion of the inventory securing the note. Concluding that the trial judge erred in retroactively excluding summary exhibits which had been admitted in evidence and, as a consequence of that exclusion, in finding no evidence to support the jury's verdict, we reverse the grants...

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