Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance, No. 2:2011cv00251 - Document 328 (M.D. Ala. 2012)

Court Description: JUDGMENT: On 8/31/2012, after this case had been submitted to a jury, a verdict was returned. It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiff Carter Brothers Manufacturing Company, Inc. and against defendant Lumbermen's Underwriting Alliance. (2) Plaintiff Carter Brothers Manufacturing Company, Inc. shall have and recover from defendant Lumbermen's Underwriting Alliance the sum of $13,653,415. (3) It is further ORDERED t hat costs are taxed against defendant Lumbermen's Underwriting Alliance, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 9/4/2012. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance Doc. 328 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CARTER BROTHERS MANUFACTURING COMPANY, INC., ) ) ) ) Plaintiff, ) ) v. ) ) LUMBERMEN’S UNDERWRITING ) ALLIANCE, an Inter) insurance Exchange Company, ) ) Defendant and Third) Party Plaintiff, ) ) v. ) ) GE COMMERCIAL DISTRIBUTION ) FINANCE CORP., et al., ) ) Third-Party Defendants.) CIVIL ACTION NO. 2:11cv251-MHT (WO) JUDGMENT On the 31st day of August, 2012, after this cause had been submitted to a jury, a verdict was returned as follows: Dockets.Justia.com VERDICT PART I 1. Has Lumbermen’s Underwriting Alliance proved its non-cooperation contention by a preponderance of the evidence? Yes No ______ X 2. Has Lumbermen’s Underwriting Alliance proved its misrepresentation contention by a preponderance of the evidence? Yes No ______ X 3. Has Lumbermen’s Underwriting Alliance proved its arson contention by a preponderance of the evidence? Yes ______ No X 4. Has Carter Brothers Manufacturing Company, Inc. proved its breach of contract contention by a preponderance of the evidence? Yes No X PART II If you answered “no” to questions 1, 2 and 3, and you also answered “yes” to question 4, you will have found that Carter Brothers Manufacturing Company, Inc. may recover from 2 Lumbermen’s Underwriting Alliance. Proceed to question 5 if and only if you answered “no” to questions 1, 2 and 3, and you also answered “yes” to question 4. 5. If you find that Carter Brothers Manufacturing Company, Inc. may recover from Lumbermen’s Underwriting Alliance, how much is it entitled to in damages? $ 13,653,415 SO SAY WE ALL. DONE, this the 31 day of August, 2012 /s/ Octavius M. Jackson FOREPERSON It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiff Carter Brothers Manufacturing Company, Inc. and against defendant Lumbermen’s Underwriting Alliance. (2) Plaintiff Carter Brothers Manufacturing Company, Inc. shall have and recover from defendant Lumbermen’s Underwriting Alliance the sum of $ 13,653,415. 3 (3) It is further ORDERED that costs are taxed against defendant Lumbermen’s Underwriting Alliance, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. DONE, this the 4th day of September, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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