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DIESEL MACHINERY, INC. v. B.R. LEE INDUSTRIES, INC.

No. CIV. 01-4178.

328 F.Supp.2d 1029 (2003)

DIESEL MACHINERY, INC., Plaintiff, v. B.R. LEE INDUSTRIES, INC., Defendant.

United States District Court, D. South Dakota, Southern Division.

September 30, 2003.

Attorney(s) appearing for the Case

Rollyn H. Samp, Samp Law Office, Sioux Falls, SD, Michael P. Healy, Steven L. Hobson, Healy Law Firm, Kansas City, MO, for Plaintiff.

Carleton R. Hoy, James L. Hoy, Hoy & Hoy, Sioux Falls, SD, William A. Clineburg, Jr., Alex S. Drummond, King & Spalding, Atlanta, GA, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

After the Plaintiff, Diesel Machinery, Inc. ("DMI"), obtained a judgment against Defendant, B.R. Lee Industries, Inc. ("LeeBoy"), for lost business profits in the amount of $665,000 and for punitive damages in the sum of $4,335,000, LeeBoy filed a motion for judgment notwithstanding the verdict or, alternatively, for new trial or remittitur. (Doc. 279.)

BACKGROUND

On October 2, 2000, DMI...

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