MILLER'S BOTTLED GAS v. BORG-WARNER CORP.

Civ. A. No. C85-0029-BG(H).

817 F.Supp. 643 (1993)

MILLER'S BOTTLED GAS, INC., Plaintiff, v. BORG-WARNER CORP., Defendant.

United States District Court, W.D. Kentucky, at Bowling Green.

April 12, 1993.


Attorney(s) appearing for the Case

Frank Miller, Jr., Boehl, Stopher, Graves & Deindoerfer, Louisville, KY, Karl N. Crandall, Bowling Green, KY, John R. Bush, Bush, Ross, Gardner, Warren & Rudy, Tampa, FL, for plaintiff.

Philip I. Huddleston, Bowling Green, KY, Hugh N. Smith, David S. Nelson, Smith & Fuller, P.A., Tampa, FL, for defendant.


MEMORANDUM OPINION

HEYBURN, District Judge.

Having secured a verdict for fraud and compensatory damages, Plaintiff, Miller's Bottled Gas, Inc., moves for a new trial on the issue of punitive damages pursuant to Rule 60(b)(6). The procedural posture of this action is lengthy: Judge Boyce F. Martin, Jr. presided over the first jury trial and directed a verdict on the liability issue; the Sixth Circuit reversed and remanded for a new trial; a jury returned...

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