Court of Appeals for the Ninth Circuit February 19, 2002, No. 01-55270; D.C. No. 95-CV-3934TW(LAB) (McMillan v. Weathersby)

MEMORANDUM ***

Appellant Scott McMillan (“McMillan”) appeals from a jury verdict returned for Appellee Matthew Weathersby (‘Weathersby”).

McMillan bases this appeal on four grounds: 1) that the district court erred in denying McMillan’s Renewed Motion for Judgment as a Matter of Law on the basis that the verdict was not supported by the evidence; 2) that defense counsel’s improper conduct