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MOONEY v. HENDERSON PORTION PACK CO.

No. 15639.

334 F.2d 7 (1964)

Ernest Gene MOONEY, Plaintiff-Appellant, v. HENDERSON PORTION PACK CO., Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 7, 1964.

Attorney(s) appearing for the Case

Albert L. Hodge, Chambliss, Chambliss & Hodge, Chattanooga, Tenn., for appellant.

Marvin Berke, Berke & Berke, Chattanooga, Tenn., for appellee.

Before MILLER, O'SULLIVAN and PHILLIPS, Circuit Judges.

PER CURIAM.

This is an action for personal injuries, in which jurisdiction is based upon diversity of citizenship. The jury returned a verdict in favor of plaintiff-appellant in the amount of $50,000, consisting of $35,000 in compensatory damages and $15,000 in punitive damages. The District Court granted a remittitur of $10,000 in the award of punitive damages, which was accepted by plaintiff-appellant under protest. We quote the following language from the order...

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