Sheppard Federal Credit Union v. Michael A. Palmer

GEWIN, Circuit Judge:

Subsequent to the oral argument in this case, the court’s study of the record disclosed what appeared to be an erroneous allocation of burden of proof. Since the parties had not argued the point, the court requested and received from the parties supplemental briefs addressed to the questions (1) whether the district court had erred in its instruction to the jury on burden of proof and (2) if there was error, whether it was plain error requiring this court’s recognition despite the fact that no objection was made to it in the court below. After a careful consideration of…