MYRICK v. PRIME INS. SYNDICATE, INC.

No. 00-1726.

395 F.3d 485 (2005)

Jimmy MYRICK, Plaintiff-Appellee, v. PRIME INSURANCE SYNDICATE, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2005.


Attorney(s) appearing for the Case

ARGUED: Thornwell Forrest Sowell, III, Sowell, Gray, Stepp & Laffitte, L.L.C., Columbia, South Carolina, for Appellant. John Frank Hardaway, Columbia, South Carolina, for Appellee. ON BRIEF: Allen Jackson Barnes, Sowell, Gray, Stepp & Laffitte, L.L.C., Columbia, South Carolina; Scott Seelhoff, Howell, Gibson and Hughes, Beaufort, South Carolina, for Appellant. Robert A. Muckenfuss, McNair Law Firm, P.A., Columbia, South Carolina, for Appellee.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.


Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG concurred. Judge NIEMEYER wrote a dissenting opinion.

WIDENER, Circuit Judge:

Prime Insurance Company (Prime) appeals the district court's refusal to grant its motion for judgment as a matter of law, renewed motion for judgment as a matter of law, and relief under Rules 59 and 60 of the Federal Rules of Civil Procedure...

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