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JOHNSON v. BARNES & NOBLE BOOKSELLERS, INC.

No. 04-16113.

437 F.3d 1112 (2006)

Winston JOHNSON, Plaintiff-Appellee, v. BARNES & NOBLE BOOKSELLERS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 27, 2006.

Attorney(s) appearing for the Case

Jessica S. Forbes, Edward W. Levine, Wagenfeld Levine, Miami, FL, for Defendant-Appellant.

Matthew W. Dietz, Law Office of Matthew Dietz, Coral Gables, FL, for Johnson.

Before EDMONDSON, Chief Judge, BARKETT, Circuit Judge, and HUNT, District Judge.

PER CURIAM:

Barnes & Noble Booksellers, Inc. appeals the denial of its motion for a new trial after a jury verdict finding that Barnes & Noble falsely imprisoned Winston Johnson. The jury awarded Johnson $117,000 for emotional pain and mental anguish. Barnes & Noble argues that it is entitled to a new trial because the district court erroneously refused to instruct the jury with Barnes & Noble's proposed jury instruction on breach of the peace. Barnes...

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