Kerry M. Gough, Trustee in Bankruptcy of Louis Rosen, Dba Walnut Creek Furniture v. Rossmoor Corporation and Crestmark Carpet and Drapery Company

This antitrust case appears before us for the second time. At trial the jury returned a verdict for defendant Rossmoor through answers to special interrogatories. On appeal this court determined that one of the interrogatories was improperly submitted to the jury and that the jury’s answer was wrong as a matter of law. With this answer disregarded, all remaining jury answers were in favor of plaintiff Gough. Gough v. Rossmoor Corp., 487 F.2d 373 (9th Cir. 1973).

This court originally directed that

Rossmoor petitioned for rehearing and included within that petition motions for judgment n.o.v. and new trial. The petition was denied, without reference to the motions included therein. However, this court modified the order quoted above, to read as follows:

487 F.2d at 378 .

On remand, Rossmoor renewed its motions for judgment n. o. v. and new trial. The trial judge, believing that he was foreclosed by our modified opinion from exercising his discretion as to these motions, denied both of them.

The sole issue presented is whether the trial judge correctly determined that our order remanding “for further proceedings consistent with this opinion” foreclosed his subsequent…