General Signal Corporation, Plaintiff-Appellant-Cross-Appellee v. MCI Telecommunications Corporation, Defendant-Appellee-Cross-Appellant

Good Law
66 F.3d 1500·95 Daily Journal DAR 12843·32 Fed. R. Serv. 3d 854·1995 U.S. App. LEXIS 27319·95 Cal. Daily Op. Serv. 7499
United States Court of Appeals for the Ninth CircuitSeptember 26, 199594-15476, 94-15534California7,354 words

Opinion

Opinion

Nelson, J.

OVERVIEW

Appellant/Cross-Appellee General Signal Corporation (“GSX”) appeals the district court’s judgment in favor of appellee/cross-appellant MCI Telecommunications Corporation (“MCI”) in its diversity action alleging fraud and breach of contract arising out of an agreement to develop the INpath, a telecommunications device. MCI cross-appeals from the district court’s judgment as a matter of law on its counterclaim alleging fraud by GSX, and from the court’s imposition of costs against MCI for dismissing its original counterclaims without leave of the court.

GSX argues that the judgment must be reversed because (1) the district court erred in finding that New York law governed the case; (2) the court’s denial of summary judgment to GSX on MCI’s counterclaim was erroneous and prejudicial to GSX; and (3) the district court’s imposition of rigid time limits on the length of trial and its refusal to allow additional time for cross-examination or rebuttal testimony denied GSX due process of law. MCI argues that (1) the district court erred in granting judgment as a matter of law to GSX on MCI’s fraud counterclaim because MCI presented evidence at trial such that a reasonable juror…

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