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DEWING v. ORKIN EXTERMINATING CO., INC.

No. 93-CV-594.

897 F.Supp. 44 (1995)

Carol DEWING, Plaintiff, v. ORKIN EXTERMINATING COMPANY, INC., d/b/a Orkin Pest Control, Defendant.

United States District Court, N.D. New York.

August 25, 1995.

Attorney(s) appearing for the Case

Kiley, Feldmann, Whalen (James J. Devine, of counsel), Poughkeepsie, NY, for plaintiff.

Decker & Hallman (Richard P. Decker, of counsel), Atlanta, GA, for defendant.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

Before the court are two post-trial motions in the above-captioned matter. Defendant Orkin Exterminating asks the Court to set aside the verdict of the jury under Fed. R.Civ.P. 50(b) and renews their motion for judgment as a matter of law under Fed. R.Civ.P. 50(a)(1). Plaintiff Carol Dewing moves under Fed.R.Civ.P. 59(a) for a new trial.

I. BACKGROUND

Plaintiff claims that on July 8, 1991...

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