DEADWYLER v. VOLKSWAGEN OF AMERICA, INC.

Nos. 87-2688, 88-2502.

884 F.2d 779 (1989)

Hugh DEADWYLER, et al., Plaintiffs-Appellants, v. VOLKSWAGEN OF AMERICA, INCORPORATED; Volkswagen AG, Defendants-Appellees. Hugh DEADWYLER, et al., Plaintiffs-Appellees, v. VOLKSWAGEN OF AMERICA, INCORPORATED; Volkswagen AG, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1989.

As Modified on Denial of Rehearing and Rehearing September 28, 1989.


Attorney(s) appearing for the Case

Beverly Cooper Moore, Jr. (Sandra D. Benson, Stuart J. Logan, B. Ervin Brown, II, Moore & Brown, Winston-Salem, N.C., Charles R. Watkins, Jack L. Block, and Sachnoff, Weaver & Rubenstein, Chicago, Ill., on brief), for appellants/cross-appellees.

Daniel Vladimir Gsovski (Herzfeld & Rubin, P.C., New York City, Bynum M. Hunter, Catherine C. Eagles, Smith, Helms, Mulliss & Moore, Greensboro, N.C., William F. Womble, Jr., Robert C. Dortch, and Womble, Carlyle, Sandridge & Rice, Charlotte, N.C., on brief), for appellees/cross-appellants.

Before ERVIN, Chief Judge, and RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


As Modified on Denial of Rehearing and Rehearing In Banc September 28, 1989.

ERVIN, Chief Judge:

Plaintiffs brought this breach of implied warranty action against Volkswagen of America, Inc., and Volkswagenwerk, AG (collectively "Volkswagen"). Having failed to convince the jury of their claim that certain engine components installed in their Volkswagen Rabbits were defective, plaintiffs now appeal from the district court's refusal to grant them a new trial...

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