JARVIS v. COMMERCIAL UNION ASSUR. COMPANIES

No. 85-1562.

823 F.2d 392 (1987)

Louise JARVIS, d/b/a Witts Tackle & Marine, Inc., Plaintiff-Appellant, v. COMMERCIAL UNION ASSURANCE COMPANIES, and Commercial Union Insurance Company, Defendants-Counterclaimants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 7, 1987.


Attorney(s) appearing for the Case

Michael E. Vigil of Marchiondo & Berry, P.A., Albuquerque, N.M., for plaintiff-appellant.

Terrence R. Joy of Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., and Dallas, Tex. (H. Jerome Gette of Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., and Dallas, Tex., and Edward E. Triviz, Las Cruces, N.M., with him on brief), for defendants-counterclaimants-appellees.

Before McKAY, MOORE, and TACHA, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

In this appeal, Witts Tackle & Marine, Inc. and Louise Jarvis, Witts' president, to whom we shall refer as "plaintiffs," contend the trial court erred when it failed to grant them a new trial because of an inconsistency between a general verdict and the jury's answer to a written interrogatory. We conclude that contrary to the findings of the district court, an inconsistency exists, and plaintiff Witts is entitled to a new trial pursuant...

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