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KELCO DISPOSAL, INC. v. BROWNING-FERRIS INDUSTRIES OF VERMONT, INC.

No. 563, Dockets 87-7754 and 87-7758.

845 F.2d 404 (1988)

KELCO DISPOSAL, INC. and Joseph Kelley, Plaintiffs-Appellees, Cross-Appellants, v. BROWNING-FERRIS INDUSTRIES OF VERMONT, INC. and Browning-Ferris Industries, Inc., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 21, 1988.

Attorney(s) appearing for the Case

Gordon B. Spivak, New York City (Thomas D. Brislin, Coudert Brothers, New York City, Robert B. Hemley, Norman Williams, Dennis R. Pearson, Gravel & Shea, Burlington, Vt., of counsel), for plaintiffs-appellees, cross-appellants.

J. Paul McGrath, New York City (Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Donald F. Turner, Washington, D.C., Douglas Richards and Robert Gerety, Plante, Richards, Hanley & Gerety, Springfield, Vt., of counsel), for defendants-appellants, cross-appellees.

Before FEINBERG, Chief Judge, PRATT, Circuit Judge, and McLAUGHLIN, District Judge for the Eastern District of New York, sitting by designation.

McLAUGHLIN, District Judge:

Plaintiff sued under both the federal antitrust laws and Vermont tort law. A jury found against defendants on both counts and imposed $6 million in punitive damages on the state claim. The trial court denied defendants' motions for judgment notwithstanding the verdict or a new trial or remittitur; the court also ordered plaintiff to elect between its antitrust remedy (treble damages, attorneys...

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