032652P.pdf   08/08/2005  Diesel Machinery  v.  B.R. Lee Industries
   U.S. Court of Appeals Case No:  03-2652
                          and No:  04-1577
   District of South Dakota   
   [PUBLISHED] [Bye, Author, with J. Gibson and Gruender, Circuit 
   Judges] 
   Civil case- Franchise law. Plaintiff was a dealer within the meaning of 
   South Dakota Dealer Protection Act, and the Act applied to the franchise 
   agreement between the parties; district court did not err in granting 
   summary judgment for plaintiff on the question of whether defendant 
   violated the Act by unfairly terminating its franchise; district court did 
   not err in denying defendant's motion for JAML based on its claim that 
   plaintiff failed to mitigate damages by accepting offer of reinstatement, 
   as the jury was properly instructed and its decision that plaintiff did not 
   act unreasonably in rejecting the offer was supported by sufficient 
   evidence; defendant's evidentiary claims rejected; district court did not 
   err in submitting punitive damages issue to the jury as there was clear and 
   convincing evidence showing a reasonable basis to believe there had been 
   willful, wanton or malicious misconduct; remitted $2.6 million punitive 
   damage award did not violate constitutional limits.