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Appeals from the United States District Court for the Western District of Texas

Following a jury finding for Kenneth Coffel (“Coffel”) on claims for fraud and breach of contract, Magistrate Judge Albright’s ruling on Stryker Corporation’s (“Stryker”) Rule 50(b) motion reversing the fraud finding and upholding the breach of contract finding, and Magistrate Judge Austin’s award of attorneys’ fees, both parties appeal portions of the district court’s judgment. Coffel contends on appeal that the district court erred in applying the Rule 50(b) standard, in finding insufficient evidence to support fraud and associated compensatory and punitive damages, as well as in reducing the amount of attorneys’ fees awarded him. Stryker cross-appeals, arguing that the district court erred in finding sufficient evidence to support Coffel’s contract claim.*fn1 We reverse the fraud finding, affirm the contract finding, and remand for recalculation of attorneys’ fees.


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