OINESS v. WALGREEN CO.

Nos. 95-1138, 95-1164, 95-1205.

88 F.3d 1025 (1996)

Philip OINESS and Sun Products Group, Inc., Plaintiffs/Cross-Appellants, v. WALGREEN COMPANY, Atico International Incorporated, f/k/a/ J & M Enterprises, d/b/a Atico New Atico International, Ltd., d/b/a New Atico, a/k/a Atico, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

July 2, 1996.


Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for defendants-appellants. With him on the brief was J. Michael Jakes. Of counsel was Barbara R. Rudolph. Also of counsel were Gregg I. Anderson and Elizabeth A. Phelan, Holland & Hart, Denver, Colorado.

James A. Lowe, Denver, Colorado, argued for plaintiffs/cross-appellants. With him on the brief was Duane Burton.

Before MAYER, Circuit Judge, COWEN, Senior Circuit Judge, and RADER, Circuit Judge.


RADER, Circuit Judge.

Walgreen Company (Walgreen) appeals a decision of the United States District Court for the District of Colorado. The district court denied Walgreen's motion for remittitur, or in the alternative a new trial, on a jury award of $1.1 million in lost profits. The district court also denied Walgreen's motion for judgment as a matter of law that Philip Oiness (Oiness) could not recover projected lost profits on the record evidence. Finally, the district...

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