SALES v. STATE FARM FIRE AND CAS. CO.

No. 89-8385.

902 F.2d 933 (1990)

Wilburt SALES, Jr., and Janice T. Sales, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 1990.


Attorney(s) appearing for the Case

Richard Wayne Hendrix, Finch, McCranie, Brown & Thrash, Atlanta, Ga., for plaintiffs-appellants.

H. Michael Bagley and Daniel C. Kniffen, Drew, Eckl & Farnham, Atlanta, Ga., for defendant-appellee.

Before HATCHETT, ANDERSON and DYER, Circuit Judges.


HATCHETT, Circuit Judge:

We reversed this case and ordered a new trial because the district court improperly instructed the jury on a crucial and controlling element of the law of Georgia. On remand, the district court granted summary judgment to one of the parties based on the factual determinations made by the improperly instructed jury. We reverse and remand.

FACTS

On October 16, 1983, a fire destroyed Janice and Wilburt Saleses' ("the Saleses...

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