Pioneer Civil Construction LLC et al v. Volvo Construction Equipment North America Inc

Filing 40

ORDER denying deft's motion for a judgment as a matter of law. Signed by Judge James M. Moody on 7/20/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PIONEER CIVIL CONSTRUCTION LLC V. 5:08CV00207JMM DEFENDANT PLAINTIFF VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA INC. ORDER At the close of the Plaintiff's case on July 13, 2009, Defendant made a motion for judgment as a matter of law. The Court took the motion under advisement. After considering the evidence presented at trial including the Plaintiff's rebuttal evidence, the Court finds that Plaintiff presented sufficient evidence on the issues of liability and the fair market value of the Volvo excavator before and after the fire. Accordingly, Defendant's motion for judgment as a matter of law is DENIED. IT IS SO ORDERED this 20th day of July 2009. ____________________________ James M. Moody United States District Judge

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