ATLAS FOOD SYSTEMS AND SERV. v. CRANE NAT. VENDORS

Nos. 95-1717, 95-1718.

99 F.3d 587 (1996)

ATLAS FOOD SYSTEMS AND SERVICES, INCORPORATED, Plaintiff-Appellant, v. CRANE NATIONAL VENDORS, INCORPORATED; Richard Ricci; Steven Freedman, Defendants-Appellees, and Mars Electronics, Incorporated; Frank Hartmann, Defendants. ATLAS FOOD SYSTEMS AND SERVICES, INCORPORATED, Plaintiff-Appellee, v. CRANE NATIONAL VENDORS, INCORPORATED; Richard Ricci; Steven Freedman, Defendants-Appellants, and Mars Electronics, Incorporated; Frank Hartmann, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1996.


Attorney(s) appearing for the Case

ARGUED: Thomas W. Traxler, Carter, Smith, Mirriam, Rogers & Traxler, Greenville, SC, for Plaintiff-Appellant. George Kermit Lyall, Nelson, Mullins, Riley & Scarborough, L.L.P., Greenville, SC, for Defendants-Appellees. ON BRIEF: T.S. Stern, Jr., Grant, Leatherwood & Stern, Greenville, SC, for Plaintiff-Appellant. A.M. Quattlebaum, Jr., William S. Brown, Nelson, Mullins, Riley & Scarborough, L.L.P., Greenville, SC, for Defendants-Appellees.

Before HALL, NIEMEYER, and HAMILTON, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HALL and Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge:

The principal issue presented in this appeal is whether the district court abused its discretion in ordering a new trial unless the plaintiff agree to a remittitur of a $3-million punitive damage award and, after the plaintiff's rejection of the remittitur and retrial...

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