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STEWART v. ATLANTIC PIPE LINE COMPANY

No. 72-1543.

479 F.2d 311 (1973)

Mrs. Geraldine STEWART et al., Plaintiffs, Mary K. McKague et al., Plaintiffs-Appellees-Cross Appellants, v. ATLANTIC PIPE LINE COMPANY et al., Defendants-Appellants-Cross Appellees, v. TEXAS GENERAL INDEMNITY COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 11, 1973.

Attorney(s) appearing for the Case

Dale Dowell, Beaumont, Tex., for Atlantic Pipe Line Co.

Walter Umphrey, Port Arthur, Tex., for Mary K. McKague.

John G. Tucker, Beaumont, Tex., for Texas Gen. Indemnity Co. and others.

H. P. Wright, Port Neches, Tex., for Geraldine Stewart.

Before TUTTLE, WISDOM and GODBOLD, Circuit Judges.

ON PETITION OF ATLANTIC PIPE LINE COMPANY, ET AL FOR REHEARING AND ON THE PETITION OF THE McKAGUE PLAINTIFFS FOR AN AMENDMENT TO THE MANDATE HERETOFORE ENTERED BY THE COURT

PER CURIAM:

As indicated in our opinion entered December 12, 1972, the trial court erred by entering a remittitur in the sum of $30,000 of the $50,000 awarded to each child, after a jury verdict for $50,000 in favor of each. The law of this circuit requires that in the event the trial...

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