PALMER COAL & ROCK CO. v. GULF OIL COMPANY—U.S.

No. 74-1599.

524 F.2d 884 (1975)

PALMER COAL & ROCK COMPANY, a corporation, Plaintiff-Appellee, v. GULF OIL COMPANY—U. S., a corporation, aka Gulf Oil Corporation, a corporation, and the Pittsburg & Midway Coal Mining Co., a corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 3, 1975.

Rehearing Denied December 19, 1975.


Attorney(s) appearing for the Case

Leonard O. Thomas, Weeks, Thomas, Lysaught, Bingham & Mustain, Kansas City, Kan. (David K. Fromme, Kansas City, Kan., on the brief), for defendants-appellants.

John E. Shamberg, Schnider, Shamberg & May, Shawnee Mission, Kan. (Charles S. Schnider, Shawnee Mission, Kan., on the brief), Forrest E. Short, Short & Short, Fort Scott, Kan. (Joel B. Short, Fort Scott, Kan., on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.


LEWIS, Chief Judge.

Defendant Gulf Oil Company (Gulf) and its subsidiary, Pittsburg & Midway Coal Mining Company (P & M), appeal from judgments entered in the district court for the District of Kansas following jury verdicts amounting to $500,000 compensatory and $1,500,000 punitive damages awarded to plaintiff Palmer Coal & Rock Company (Palmer Coal). The trial court reduced the actual damages to $466,830.50...

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