RSG et al v. SIDUMP'R TRAILER

Filing 301

MEMORANDUM AND ORDER - Sidump'r Trailer Co., Inc.'s motion for judgment as a matter of law is granted in part; RSG, Inc.'s, R GROUP, Inc.'s, and Randall S. Golden's claims for breach of contract in failing to develop the Tri dump'r, failing to provide a Tridump'r and failing to provide work space are dismissed. RSG, Inc.s, R GROUP, Inc.'s, and Randall S. Golden's motion for judgment as a matter of law is granted with respect to its claim for failure to deliver two Sidump'r Trailers and its claim for a declaration that they are entitled to payment of $600,000, plus interest, under the Escrow Fund, and denied in all other respects. Sidump'r Trailer Co., Inc.'s counterclaims fo r securities fraud, breach of warranty, fraudulent misrepresentation, and fraudulent concealment are dismissed. The parties' equitable claims are dismissed. The court accepts the jury's verdict on the submitted issues. A judgment in conformity with this opinion will issue this date. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)