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ZAVALA v. CITICORP SERVS.

December 22, 1976

Juan ZAVALA and Kolyba Corp., a Delaware Corporation, Plaintiffs,
v.
CITICORP SERVICES, INCORPORATED, a New York Corporation, and First National City Bank, a National Bank, Defendants


Bonsal, District Judge.


The opinion of the court was delivered by: BONSAL

BONSAL, District Judge.

Plaintiffs Juan Zavala and Kolyba Corporation commenced this action against defendants Citicorp Services, Incorporated ("CSI") and First National City Bank ("Citibank") seeking damages alleging that the defendants caused Banque National de Paris ("BNP") to breach its contract with Zavala under which BNP would sell to Zavala $30,000,000 of First National City Bank travelers checks over a period of three years at a favorable rate. The case was tired to a jury and, following a five-day trial, the jury returned the following special verdict:

 
SPECIAL VERDICT
 
1. Was there a contract between BNP and the plaintiff Juan Zavala entered into on or about July 1971 in Paris under which BNP agreed to sell to Zavala $30,000,000.00 of traveler's checks of the First National City Bank over a period of three years at a reduced rate of 0.225% of the face value of the checks purchased by Zavala?
 
Yes: V No:
 
[If your answer is "No", your verdict will be for the defendants. If your answer is "Yes", please answer Question 2]
 
2. Did the defendants Citicorp Services, Incorporated and First National City Bank, knowing of the contract between Zavala and BNP, knowingly cause BNP to terminate the contract with plaintiff Zavala on September 19, 1972?
 
Yes: V No:
 
[If your answer is "No", your verdict will be for the defendants. If your answer is "Yes", please answer Question 3]
 
3. Did plaintiffs Zavala and Kolyba Corporation sustain damages by reason of the termination of Zavala's contract with BNP? If so, state the amount below.
 
$700,000
 
Judi Washington (Forelady)

 Defendants now move pursuant to Federal Rules of Civil Procedure 50(b) to set aside the verdict and for entry of judgment in favor of the defendants notwithstanding the verdict or, if the foregoing is denied, for an order pursuant to Rule 50(b) and Rule 59 granting a new trial upon the grounds that the verdict is against the weight of the evidence.

 Plaintiffs have cross-moved for an order correcting two alleged errors in the trial transcript. Plaintiffs' motion is granted to the extent of correcting page 125 line 7-8 to state the amount as "one ...


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