Legal Opinion
Allied Bank-West, N.A., and First Interstate Bank of Texas, N.A. v. Russell Stein, Merrill Lynch, Pierce, Fenner & Smith, Inc.
Court of Appeals for the First Circuit
Decided October 15, 1993No. 91-6193PublishedCited by 35 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Allied Bank-West sought damages from Merrill Lynch for failing to honor its commitment to replace pledged securities. After trial, the jury returned a verdict in favor of Allied Bank. The district court then entered a judgment notwithstanding the verdict in favor of Merrill Lynch. Because Merrill Lynch did not argue or present evidence to support the defense on which the court granted JNOV, we vacate the court’s entry of JNOV with instructions to reinstate the judgment on the jury’s verdict. We also vacate the district court’s alternative grant of a new trial.
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2Cases cited12 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. George C. Meyer, Margaret Meyer & Edwin A. MeyerCourt of Appeals for the Seventh Circuit · 1986
- Elbie Mozingo, Cross-Appellee v. Correct Manufacturing Corporation and G.W. Way, Correct Manufacturing Corporation, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1985
- Irving Sulmeyer and Arnold L. Kupetz, Co-Trustees in Bankruptcy for Bubble Up Corporation v. Coca Cola CompanyCourt of Appeals for the Fifth Circuit · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Abbott v. Equity Group, Inc.Court of Appeals for the Fifth Circuit · 1993
- Alexandro Puga v. About Tyme Transport, IncCourt of Appeals for the Fifth Circuit · 2019
- Brown v. Bryan CountyCourt of Appeals for the Fifth Circuit · 2000
- Jill Brown v. Bryan County, OkCourt of Appeals for the Fifth Circuit · 2000
- United States Ex Rel. Wallace v. Flintco Inc.Court of Appeals for the Fifth Circuit · 1998
30 more not listed; retrieve them via the Exa API.