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93-2198 - LWT, Inc. v. Childers Mfg., et al

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93-2198 - LWT, Inc. v. Childers Mfg., et al
March 18, 1994
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[750905] Terminated on the Merits after Submission Without Oral Hearing; Reversed; Written, Signed, Published. Moore; Kelly, authoring and Brimmer; ...disputed material issue of fact as to whether defendant's catalog, containing the limited warranty, formed part of the basis for the parties' agreement, the district court erred in granting plaintiff's motion for partial summary judgment. We, therefore, REVERSE that decision and REMAND for a trial on the merits of thes issues. Because such a trial on remand will require a new trial on the remaining issues presented by this case, we VACATE the district court's Fed. R. Civ. P. 50 decision and the jury's determination of damages. Plaintiff's motion for sanctions is DENIED.