212
Per Curiam
verdicts for excessiveness and ordering a new trial without qualification, or conditioned on the verdict winner's refusal to agree to a reduction (remittitur)"); id., at 462- 463 (Scalia, J., dissenting).
Respondents contend that the action of the Court of Appeals here is supported by Neely v. Martin K. Eby Constr. Co., 386 U. S. 317, 329-330 (1967). But that case dealt with the application of Federal Rule of Civil Procedure 50(d) in a situation where the Court of Appeals had held that the evidence was insufficient to support a finding of liability. It did not involve overturning an award of damages where the evidence was found sufficient to support a finding of liability.
We therefore grant the petition for certiorari and reverse the judgment of the Court of Appeals issuing a writ of mandamus to the District Court.
Reversed.
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