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No.118, September Term, 1995 Middle States Holding Company, Inc. v. Everett Thomas

[Concerns The Procedure When A Tort Case Is Remanded For A New Trial On Punitive Damages]

IN THE COURT OF APPEALS OF MARYLAND No. September Term, 1995 ________________________________________

MIDDLE STATES HOLDING COMPANY, INC.

v.

EVERETT THOMAS ________________________________________

Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker, JJ. ________________________________________ Opinion by Eldridge, J. ________________________________________ Filed: December 5, 1995

This case arose out of a contract, entered in April 1990, between the predecessor of the petitioner Middle States Holding Company, Inc., and the respondent Everett Thomas, for the raising of hogs on a farm leased by Thomas in Caroline County, Maryland. Under the contract, Middle States' predecessor agreed to supply hogs and feed to Thomas who would raise and care for the animals until they reached market weight. to Middle States' predecessor was

retain ownership of the animals and was to pay Thomas a From April 1990

stipulated fee for each hog shipped to market.

until December 1990, numerous hogs were delivered to Thomas, fed and cared for, and shipped to market without incident. In December

1990, however, difficulties arose between Middle States and Thomas. On December 19, 1990, employees of Middle States entered the farm and removed all of the remaining hogs. Thereafter, Thomas instituted the present action against Middle States and its general manager in the Circuit Court for Caroline County. Thomas's complaint, as amended, alleged breach of

contract (count one), trespass (count two), conversion of the hogs (count three) and civil violations of the federal Racketeer

Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.

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Maryland Law