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TOTAL PETROLEUM, INC. v. DAVIS

No. 86-2392.

822 F.2d 734 (1987)

TOTAL PETROLEUM, INC., Appellant, v. Gary J. DAVIS, d/b/a Gary J. Davis Oil Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1987.

As Amended on Denial of Rehearings August 12, 1987.

Attorney(s) appearing for the Case

Arthur L. Smith, Washington, D.C., for appellant.

James E. Reeves, Caruthersville, Mo., for appellee.

Before LAY, Chief Judge, ARNOLD and WOLLMAN, Circuit Judges.

LAY, Chief Judge.

In Total Petroleum, Inc. v. Davis, 788 F.2d 476 (8th Cir.1986), we affirmed a jury verdict and general damages of $732,000 for Gary Davis on his counterclaim for fraudulent misrepresentation but reversed and remanded for a new trial on Total's claim against Davis. In the subsequent proceeding, Davis raised the defense of estoppel by fraud, claiming that for purposes...

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