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MILLER'S BOTTLED GAS, INC. v. BORG-WARNER CORP.

Nos. 93-5281, 93-5313.

56 F.3d 726 (1994)

MILLER'S BOTTLED GAS, INC., a Kentucky corporation, Plaintiff-Appellant, Cross-Appellee, v. BORG-WARNER CORPORATION, a Delaware corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1995.

Rehearing Denied July 25, 1995.

Attorney(s) appearing for the Case

John R. Bush (argued and briefed), Bush, Ross, Gardner, Warren & Rudy, Tampa, FL, Karl N. Crandall, Bowling Green, KY, for plaintiff-appellant cross-appellee.

Philip I. Huddleston, Huddleston Bros., Bowling Green, KY, Hugh N. Smith (argued), David S. Nelson (briefed), Smith & Fuller, Tampa, FL, for defendant-appellee cross-appellant.

Before: JONES, KRUPANSKY, and RYAN, Circuit Judges.

RYAN, Circuit Judge.

Plaintiff, Miller's Bottled Gas, Inc., and defendant, Borg-Warner Corporation, are before this court a second time in a case involving the defendant's sale of defective carburetors to the plaintiff. After this court remanded the case following the first appeal, a jury returned a verdict for the plaintiff on the plaintiff's fraud claim. Both parties appealed. The plaintiff now asks us to determine whether the district court erred in refusing to...

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