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January 4, 1995
94-2015
DENNIS G. BEZANSON, TRUSTEE OF ESTATE OF UNITEX, INC.,
Plaintiff, Appellee,
v.
FLEET BANK OF NEW HAMPSHIRE,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Paul J. Barbadoro, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Cyr and Boudin, Circuit Judges.
______________
____________________
Per Curiam.
__________
favor of appellee
estate of
failing to
commercially reasonable
Upon
law,
the
district
court
held
for judgment as
that,
although
a matter of
sufficient
evidence
supported
the
entitled to judgment as
had
not proven
finding
damages with
support
remanded
the
proceedings.
1994).
matter
Fleet
evidence was
as to the
was
the trustee
"reasonable certainty."
this court
that of damages.
liability,
appeal,
and
of
On
adequate to
issue of liability
the
district
court
for
further
Fleet then
moved in
the district
court for
a new
evidence to
and Fleet
now
was
appeals.
prevailing
district court.
on its
motion for
new trial
in the
where
the
verdict is
supported
by substantial
evidence."
On the
district court
Rather, the
must do
____
so."
decision rests
Id.
__
in the
trial
omitted),
"only in
where
the
motion for
original).
discretion of
the trial
is
case,"
so
clearly mistaken,
new trial
so
constitute a
id. (citations
__
or the evidence, as to
justice," Levesque
________
that the
(emphasis in
very unusual
the "verdict
is no rule
rests on
Furthermore, when
the
claim that
the
motion
for
new
trial
"essentially coterminous"
with
F.2d at
703
(in
is
reviewed
that
reviewing
denial
considers "relevant
most flattering
in
standard
reviewing
appellate court
inferences in
used
by
of
testimony in
favor"); Robinson
________
new
trial,
the light
Watts Detective
________________
Agency, Inc., 685 F.2d 729, 741 (1st Cir. 1982) (motion for a
___________
new trial based on insufficiency of evidence "is subject to a
standard of
review as strict
as that
for a [judgment
as a
-3-
stated in
briefs.
the judgment
Essentially
in which
we
judgment of
See
___
is denied.
______
the district
court is
the
Therefore,
summarily affirmed.
________
-4-