James C. Smith v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
JOHNSON, Circuit Judge:
This case arises on appeal from the district court’s denial of the Government’s motion under Federal Rule of Civil Procedure 50(b) for judgment notwithstanding the verdict.
I. FACTS
A. Background
James C. Smith was the founder, controlling stockholder and president of Smith Plumbing and Heating, Inc. (“SPH”) in Fort Walton Beach, Florida. SPH was a plumbing, heating, and air conditioning installation firm that served the southeast. From 1963 to 1973, Smith managed the business himself, soliciting contracts, hiring employees, and signing paychecks. By 1973 the business had…
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