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JAMISON CO., INC. v. WESTVACO CORP.

No. 74-3433.

530 F.2d 34 (1976)

JAMISON COMPANY, INC., Plaintiff-Appellee, v. WESTVACO CORPORATION, formerly West Virginia Pulp and Paper Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1976.

Attorney(s) appearing for the Case

Dean Booth, Michael C. Murphy, Atlanta, Ga., for defendant-appellant.

Gary N. Ackerman, Edward E. Dorsey, James H. Keaten, David M. Rapp, Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and NICHOLS, Associate Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion February 6, 1976, 5 Cir., 1976, 526 F.2d 923).

GOLDBERG, Circuit Judge.

On petition for rehearing, plaintiff Jamison Company attacks this Court's decision ordering a new trial as to all issues. In our original opinion, we held that the jury had awarded excessive damages. Because we were unable to determine the theory of liability on which the jury premised its overly generous...

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