Nathan Schultz and Duane Schultz, Individually and Trading as J.C. Schultz Company, a Partnership v. Onan Corporation
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Circuit Judge.
Onan Corp. appeals from a judgment against it in the amount of $72,500 with costs in favor of Nathan and Duane Schultz, trading as J.C. Schultz Co., a partnership (Schultz). That judgment, entered on a jury verdict after a second trial, followed a reversal and remand by this court in a prior appeal. Schultz v. Onan Corp., 681 F.2d 177 (3d Cir.1982). We reluctantly conclude that a new trial on liability and damages is required.
I
A. The First Trial
On August 1, 1975, Schultz acquired a distributorship previously operated by Joseph C. Schultz. The…
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