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EIDINOFF v. ANDRESS

No. 5310.

321 S.W.2d 368 (1959)

Harold EIDINOFF, acting by and through his legal guardian, Sylvia Eidinoff, Appellant, v. Theodore ANDRESS, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 11, 1959.

Attorney(s) appearing for the Case

Ernest Guinn, El Paso, Luther E. Jones, Jr., Corpus Christi, Percy Foreman, Houston, for appellant.

W. C. Peticolas, Andress, Lipscomb, Peticolas & Fisk, El Paso, for appellee.

PER CURIAM.

Appellee brought suit against appellant in the District Court of El Paso County, Texas, charging him with circulating a series of libels against appellee. The case was tried to a jury and resulted in a verdict of $110,000, $10,000 of which was for exemplary damages. Upon motion for new trial, the trial judge required appellee to file a remittitur covering all of the exemplary damages and $20,000 of the actual damages, a total of $30,000. This the appellee...

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