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SUTHERLAND v. ELPOWER CORP.

Nos. 89-2775, 89-2850.

923 F.2d 1285 (1991)

Steven SUTHERLAND, Appellee, v. ELPOWER CORPORATION and, Empire of Carolina, Inc., Appellant. Steven SUTHERLAND, Appellant, v. ELPOWER CORPORATION, Appellee, and Empire of Carolina, Inc.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Joseph H. Mueller, St. Louis, Mo., for appellant, Elpower.

Donald L. James, St. Louis, Mo., for appellant Empire.

Robert H. Pedroli, Clayton, Mo., for Sutherland.

Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BOWMAN, Circuit Judge.

This is a products liability case governed by the substantive law of Missouri. Jurisdiction is based on diversity of citizenship. The jury awarded plaintiff Steven Sutherland both actual and punitive damages against each of the defendants, Elpower Corporation (Elpower) and Empire of Carolina, Inc. (Empire). In ruling on motions by both defendants for judgment notwithstanding the verdict, the trial court1 set aside...

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