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MARSHALL DURBIN FOOD v. EQUITABLE LIFE ASSUR.

No. 86-7307.

834 F.2d 949 (1987)

MARSHALL DURBIN FOOD CORPORATION, a corporation, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 23, 1987.

Attorney(s) appearing for the Case

Jack B. Porterfield, Jr., Mark S. Boardman, Birmingham, Ala., for defendant-appellant.

Frank M. Young, III, Haskell, Slaughter, Young & Lewis, Jonathan H. Waller, Birmingham, Ala., for plaintiff-appellee.

Before FAY, Circuit Judge, HENDERSON, Senior Circuit Judge, and FORRESTER, District Judge.

FAY, Circuit Judge:

This appeal challenges whether there was sufficient evidence of fraud or breach of contract for a reasonable jury to render a verdict awarding actual and punitive damages. The Marshall Durbin Food Corporation ("Durbin") brought a diversity action against the Equitable Life Assurance Society of the United States ("Equitable") for the recovery of surplus insurance premiums allegedly due to Durbin under a retrospective premium agreement. The jury...

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