John P. Murray v. Ross-Dove Company, Inc. And Dovetech, Inc.

BOUDIN, Circuit Judge.

This is an appeal from a decision of the district court withdrawing from the jury a commercial dispute at the end of the plaintiffs’ case. Although we think that the plaintiffs’ evidence failed to show fraud and we treat an aiding and abetting claim as abandoned, the evidence of negligence and injury was in our view just adequate to foreclose a directed verdict. Accordingly, we affirm the ruling as to the fraud claim but vacate the judgment as to the negligence claims and remand for further proceedings, strongly encouraging the parties to explore settlement of this ease.

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