United States Fifth Circuit

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GILES v. GEN. ELEC. CO., 99-11059

Because the legal issue was well-litigated and the issue did not develop further between the close of evidence and defendant's post-trial motion, the defendant's failure to comply with the specifics of Fed. R. Civ. P. 50(b) did not result in unfair surprise to plaintiff.

Appellate Information

  • Decided 02/26/2001
  • Published 02/26/2001


  • JERRY E. SMITH, Circuit Judge:, Before JOLLY, JONES and SMITH, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • W.D. Masterson (argued), Dorthy Elizabeth Masterson, Kilgore & Kilgore, Dallas, TX, for Giles., Karl G. Nelson (argued), Jon Glen Shepherd, Gibson, Dunn & Crutcher, Dallas TX, for General Electric Co.