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U.S. v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 88-15464.

895 F.2d 546 (1990)

UNITED STATES of America, for the Use and Benefit of BALZER PACIFIC EQUIPMENT COMPANY, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1990.

Attorney(s) appearing for the Case

James H. Lawhn and Charles J. Keever, Oliver, Lee, Lawhn, Ogawa and Lau, Honolulu, Hawaii, for defendant-appellant.

W. Thomas Fagan and Patricia K. Wall, Reinwald, O'Connor and Marrack, Honolulu, Hawaii, for plaintiff-appellee.

Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.

SNEED, Circuit Judge:

Fidelity and Deposit Company of Maryland (F & D) appeals from a jury verdict of $66,082.54 in favor of Balzer Pacific Equipment Company (Balzer). F & D asserts that the trial court erred in denying its motion for a directed verdict, as well as in denying its motion for judgment n.o.v., and, alternatively, for a new trial. We reverse and remand for a new trial.

I.

JURISDICTION

Jurisdiction in the district...

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