George Lamborn, Henry Maringer, and Lamar Commodities, a Partnership v. Thomas H. Dittmer and Dittmer International, Inc.

CONBOY, District Judge:

Plaintiff Thomas H. Dittmer (“Dittmer”) appeals from a judgment entered against him after a jury trial held before District Judge Robert L. Carter. The jury found that Dittmer wrongfully terminated a partnership between plaintiffs and himself and awarded plaintiffs $30 million, which represented half of the value of the partner ship’s business at the time of trial. On appeal, Dittmer contends principally (1) that plaintiffs were improperly permitted to argue and present evidence on a theory of liability that was not disclosed until the eve of trial, (2) that it was…