Judge CYNTHIA HOLCOMB HALL dissents in part by separate opinion.
LEVAL, Circuit Judge:
Defendant Ultramar Corporation ("Ultramar") appeals from the October 13, 1998 judgment on the jury's verdict entered in favor of the plaintiff and against Ultramar, and from the July 7, 1999 Opinion and Order denying Ultramar's motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, for a new trial pursuant to Fed.R.Civ.P. 59(a).
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