Robert O. And Katherieen Goldsmith v. Diamond Shamrock Corporation
Court of Appeals for the Eighth Circuit
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Robert and Katherieen Goldsmith brought suit against Diamond Shamrock Corporation seeking payment of a draft given to them by Diamond upon execution of an oil and gas lease. They now appeal from a judgment in favor of Diamond entered on a jury verdict following a second trial. The Goldsmiths obtained a verdict in their favor at the first trial, and Diamond filed only a motion for judgment notwithstanding the verdict. The district court, however, granted Diamond a new trial on the ground that Diamond received inadequate notice that, under the Goldsmiths’ theory of…
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