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BIRD v. JOHN CHEZIK HOMERUN, INC.

Nos. 97-3527, 97-3529.

152 F.3d 1014 (1998)

Melissa R. BIRD, Appellee/Cross-Appellant, v. JOHN CHEZIK HOMERUN, INC.; NKC Motors, Inc., Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1998.

Rehearing and Suggestion for Rehearing Denied October 21, 1998.

Attorney(s) appearing for the Case

Randall D. Thompson, Kansas City, Missouri, argued (Tammy N. Etem and Robert J. Luder, on the brief), for appellants/cross-appellees.

Bernard E. Brown, Kansas City, Missouri, argued (Judith Popper, on the brief), for appellee/cross-appellant.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and PANNER, District Judge

Rehearing and Suggestion for Rehearing En Banc Denied October 21. 1998.*

PANNER, District Judge.

Defendant John Chezik Homerun, Inc., dba John Chezik Honda ("Chezik"), appeals from a judgment in favor of plaintiff Melissa Bird ("Bird") on her claim for common law fraud. The jury awarded Bird $6,900 in actual damages and $35,000 in punitive damages. Bird cross-appeals the trial court's denial of her motion for a new trial, or for...

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