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ALIMENTA (U.S.A.) v. GIBBS NATHANIEL (CANADA) LTD.

No. 85-8910.

802 F.2d 1362 (1986)

ALIMENTA (U.S.A.), INC., Plaintiff-Appellant, Cross-Appellee, v. GIBBS NATHANIEL (CANADA) LTD., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 23, 1986.

Attorney(s) appearing for the Case

W. Lyman Dillon, Atlanta, Ga., for plaintiff-appellant, cross-appellee.

E. Penn Nicholson, David C. Newman, Atlanta, Ga., for defendant-appellee, cross-appellant.

Before GODBOLD and HILL, Circuit Judges, and LYNNE, Senior District Judge.

LYNNE, Senior District Judge:

Appellant contends that appellee was not entitled to rely on the defense of commercial impracticability, an issue presented for our review by motions for a directed verdict and for judgment NOV. By cross-appeal, appellee insists that the Court committed reversible error in instructing the jury to find it responsible for delay in delivery after March 18, 1981, to which it objected. We affirm.

I. The Direct Appeal

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