Polish American MacHinery Corporation v. R.D. & D. Corporation

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Plaintiff-appellant Polish American Machinery Corporation (“Polamco”) appeals from an order granting summary judgment in favor of defendant-appellee R.D. & D. Corporation (“R.D. & D.”), and denying partial summary judgment to Polamco. Federal jurisdiction is proper under 28 U.S.C. § 1332 (1982), as the parties are of diverse citizenship and the amount in controversy exceeds $10,000. Because we find that the trial court erred in limiting Polamco’s damage theories, we reverse and remand for proceedings consistent with this opinion.

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