Court of Appeals for the Eighth Circuit April 2, 1986, 85-1503 (Total Petroleum, Inc. v. Gary J. Davis, D/B/A Gary J. Davis Oil Company)

LAY, Chief Judge.

Total Petroleum, Inc. (Total) appeals the denial of its motion for a directed verdict on Total’s claim against its distributor, Gary Davis, for money owing on an open account. Total also appeals the district court’s denial of its motion for a directed verdict in its favor on Davis’ counterclaims for fraud and for violation of the Petroleum Marketing Practices Act, 15 U.S.C.