Hometown Folks, LLC v. S & B Wilson, Inc., et al


OPINION and JUDGMENT filed: District court's denial of S&B Wilson's motion for judgment as a matter of law on damages is REVERSED. Because the district court miscalculated a reasonable attorneys' fee award, the attorneys' fee decision is REVERSED and the case is REMANDED, decision for publication pursuant to local rule 206. Boyce F. Martin, Jr. (AUTHORING), Alan E. Norris (CONCURRING IN THE RESULT REACHED BY THE MAJORITY OPINION), Deborah L. Cook, Circuit Judges. [09-6004, 09-6007]

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Case: 09-6004 Document: 006111001061 Filed: 06/30/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED No. 09-6004, 09-6007 Jun 30, 2011 HOMETOWN FOLKS, LLC,, Plaintiff-Appellant Cross-Appellee, LEONARD GREEN, Clerk v. S & B WILSON, INC.; WILLIAM L. WILSON; SALLY B. WILSON, Defendants-Appellees Cross-Appellants. Before: MARTIN, NORRIS, and COOK, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Tennessee at Chattanooga. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial of S & B Wilson’s motion for judgment as a matter of law on damages is REVERSED. Furthermore, because the district court miscalculated a reasonable attorneys’ fee award, we REVERSE and REMAND the attorneys’ fee decision for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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