DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

071009P.pdf   12/27/2007  David Powell, Sr.  v.  TPI Petroleum
   U.S. Court of Appeals Case No:  07-1009
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Wollman, Author, with Hansen and Riley, Circuit
   Judges]
   Civil Case - diversity - breach of contract. District court did not abuse 
   its discretion in denying post-trial motion following jury verdict in favor
   of landowner lessor who claimed breach of contract by gas station lessee
   who terminated lease of property and removed fuel system and tanks
   from property, as evidence was not overwhelming that tanks were trade
   fixtures. District court did not abuse its discretion in refusing to give 
   jury instruction to construe unresolved ambiguities against the contract's
   drafter. Case is remanded for new trial on compensatory and
   consequential damages issues under valuation formulation reflected in
   Arkansas law. Attorneys fee award is vacated in light of reversal for new
   trial on damages issues.