Legal Opinion

P & S Business MacHines Inc. v. Olympia U.S.A., Inc., a Corporation, and Robert Morris

Court of Appeals for the Eleventh Circuit

Decided June 24, 1983No. 82-7135PublishedCited by 10 opinions

1Per curiam

This is an appeal from the granting of the defendants’ motion for a directed verdict during the second trial of a fraud claim under Alabama law. In the first trial the jury returned a verdict for the plaintiff for $3,000,000 which was set aside by the trial judge. We reverse the judgment entered for the defendants and order a new trial on both liability and damages.

BACKGROUND

This case came to federal court after removal from state court in Alabama based on diversity of citizenship.

The suit by P & S Business Machines, Inc. (“P & S”) against Olympia U.S.A., Inc. (“Olympia”) alleged fraud and…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Fed. Sec. L. Rep. P 96,189 First Virginia Bankshares v. Alan BensonCourt of Appeals for the First Circuit · 1977
  3. Hall Motor Company v. FurmanSupreme Court of Alabama · 1970
  4. Earnest v. Pritchett-Moore, Inc.Supreme Court of Alabama · 1981
  5. Brown-Marx Associates, Ltd. And Gary E. Smith v. Emigrant Savings Bank and Prudential Savings BankCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by10 opinions

  1. Holley Equipment Company, a Corporation v. Credit Alliance Corporation, a CorporationCourt of Appeals for the Eleventh Circuit · 1987
  2. Super Valu Stores, Inc. v. PetersonSupreme Court of Alabama · 1987
  3. Rodopoulos v. Sam Piki Enterprises, Inc.Supreme Court of Alabama · 1990
  4. SouthTrust Bank of Dothan, N.A. v. Alpha Steel Co. (In Re Alpha Steel Co.)District Court, M.D. Alabama · 1992
  5. Morrison Assurance Co. v. North American Reinsurance Corp.District Court, N.D. Alabama · 1984

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