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SHAMBLIN'S READY MIX, INC. v. EATON CORP.

No. 88-1101.

873 F.2d 736 (1989)

SHAMBLIN'S READY MIX, INC., a West Virginia corporation, Plaintiff-Appellee, v. EATON CORPORATION, an Ohio corporation; RSH, Inc., d/b/a Scott Equipment Company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1989.

Attorney(s) appearing for the Case

Kathleen Bertha Burke (Paul D. Koethe, Jones, Day, Reavis & Pogue, John H. Tinney, David B. Thomas, Spilman, Thomas, Battle & Klostermeyer, on brief), for defendants-appellants.

Arden John Curry, II (Arden J. Curry, Pauley, Curry, Sturgeon & Vanderford, on brief), for plaintiff-appellee.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and HENDERSON, United States District Judge for the District of South Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

This conversion case is before us for the second time. In the first appeal we affirmed the district court's judgment of $3,531 in compensatory damages but set aside the jury's award of $600,000 in punitive damages because it was tainted by the plaintiff's improper and highly prejudicial closing argument. We remanded for a new trial on the amount of punitive damages. Shamblin's Ready Mix, Inc. v. Eaton Corp., 819 F.2d 1139 (4th...

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