EMERSON ELEC. CO. v. GENERAL ELEC. CO.

No. 87-7523.

846 F.2d 1324 (1988)

EMERSON ELECTRIC COMPANY, etc., Plaintiff-Appellee, v. GENERAL ELECTRIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 13, 1988.


Attorney(s) appearing for the Case

Vernon L. Wells, II, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Patrick D. Seiter, Birmingham, Ala., for defendant-appellant.

Jonathan E. Lyerly, Evans & Lyerly, Birmingham, Ala., for plaintiff-appellee.

Before JOHNSON, Circuit Judge, HENDERSON, Senior Circuit Judge, and PITTMAN, Senior District Judge.


PER CURIAM:

In this diversity case, General Electric Company (GE) challenges (1) the ability of a district court judge to resolve factual disputes when a different district court judge presided at trial and had yet to issue findings of fact and conclusions of law and (2) the determination by the successor judge that Emerson Electric Company (Emerson) was entitled to prevail on its breach of contract claim. We reverse and remand for a new trial.

I.

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