Legal Opinion · Concurring in part, dissenting in part

C. Douglas Wilson & Co. v. Insurance Co. of North America

Court of Appeals for the Fourth Circuit

Decided January 10, 1979No. 77-2246Published

1Concurring in part, dissenting in partWalter E. Hoffman, District Judge

I join my colleagues in affirming the action of the district court in sustaining a motion for a directed verdict in favor of St. Paul Fire and Marine Insurance Company (St. Paul) made at the conclusion of plaintiff’s evidence where no cross-claim had been filed.1 At this point my agreement disappears and I would reverse the judgment n. o. v. entered by the district court and now affirmed by the panel majority for the following reasons:(1) The evidence and inferences drawn therefrom were sufficient for the jury to find a verdict for the plaintiff, C. Douglas Wilson & Co. (CDW), which verdict…

2Cases cited25 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. American Surety Company v. PaulySupreme Court of the United States · 1898
  3. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  4. Cities Service Oil Co. v. DunlapSupreme Court of the United States · 1939
  5. Burcham v. J. P. Stevens & Co., Inc.Court of Appeals for the Fourth Circuit · 1954

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