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PALMER v. FOX SOFTWARE, INC.

Nos. 94-3994, 94-4009.

107 F.3d 415 (1997)

Delos M. PALMER, Plaintiff-Appellee/Cross-Appellant, v. FOX SOFTWARE, INC.; Fox Holdings, Inc.; Richard G. LaValley, Jr.; David A. Fulton; Fulton Associates, Inc., Defendants, Richard G. LaValley, Sr.; Gerard Associates, Inc., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1997.

Rehearing and Suggestion for Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

John R. Crossan, argued and briefed, William J. Cook, Barry F. Irwin, Willian, Brinks, Olds, Hofer, Gilson & Lione, Chicago, IL, Vincent Leland Barker, Jr., Thomas A. Meehan, Christina Lou Brown, Willian, Brinks, Olds, Hofer, Gilson & Lione, Toledo, OH, for Plaintiff-Apellee Cross-Appellant.

Ernie L. Brooks, argued and briefed, Thomas A. Lewry, briefed, Brooks & Kushman, Southfield, MI, Reginald S. Jackson, Jr., briefed, Thomas G. Mackin, Janine Thompson Avila, Sarah Steele Riordan, Connelly, Soutar & Jackson, Toledo, OH, for Defendant-Appellant Cross-Appellee.

Before: JONES, BOGGS, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 7, 1997.

BATCHELDER, Circuit Judge:

The plaintiff filed this diversity action in the United States District Court for the Northern District of Ohio. The jury found for the plaintiff and awarded damages. Before us are numerous appeals and cross appeals. For the reasons that follow, we reverse the final judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

A. THE CAST

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