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WARNER v. CITY OF BAY ST. LOUIS

No. 75-3852.

552 F.2d 583 (1977)

Jimmy Ray WARNER, III, a minor, by and through his mother and next friend, Mrs. June Ruiz Wortmann, Plaintiff-Appellee Cross Appellant, v. The CITY OF BAY ST. LOUIS, Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 18, 1977.

Attorney(s) appearing for the Case

George E. Morse, Gulfport, Miss., Walter J. Phillips, Bay St. Louis, Miss., for defendant-appellant cross-appellee.

John L. Hunter, Pascagoula, Miss., for plaintiff-appellee cross-appellant.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.

Rehearing and Rehearing En Banc Denied August 18, 1977.

PER CURIAM:

In this diversity negligence action, the City of Bay St. Louis, Mississippi, appeals from the district court's judgment finding the city liable to James Ray Warner, III, for $375,000. The city contends both that the court erred in imposing liability upon it and that the award is excessive. The plaintiff cross-appeals the court's determination that his behavior constituted contributory negligence...

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