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NITCO HOLDING CORP. v. BOUJIKIAN

No. 05-16438.

491 F.3d 1086 (2007)

NITCO HOLDING CORP., Plaintiff-Appellant, v. Zareh BOUJIKIAN; James B. Murray, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2007.

Attorney(s) appearing for the Case

Samuel B. Benham, Hunterton & Associates, Las Vegas, NV, for the appellant.

Frank J. Cremen, Las Vegas, NV, for the appellees.

Before: DAVID R. THOMPSON, ANDREW J. KLEINFELD, and SIDNEY R. THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

In this appeal, we consider the implications of the Supreme Court's recent decision in Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, 126 S.Ct. 980, 163 L.Ed.2d 974 (2006). Applying Unitherm, we conclude that a party procedurally defaults a civil appeal based on the alleged insufficiency of the evidence to support the verdict if it fails to file a post-verdict motion for judgment...

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