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SMITH v. U.S.

No. 89-3224.

894 F.2d 1549 (1990)

James C. SMITH, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Gary R. Allen, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., Robert L. Baker, for defendant-appellant.

E. Gary Work, Jr., Pensacola, Fla., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises on appeal from the district court's denial of the Government's motion under Federal Rule of Civil Procedure 50(b) for judgment notwithstanding the verdict.

I. FACTS

A. Background

James C. Smith was the founder, controlling stockholder and president of Smith Plumbing and Heating, Inc. ("SPH") in Fort Walton Beach, Florida. SPH was a plumbing, heating...

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