GLEASON v. HALL

No. 75-2528.

557 F.2d 1052 (1977)

Edna Alexander GLEASON, as natural tutrix of the minor, Kevin L. Gleason, Plaintiff-Appellant-Cross Appellee, v. Thomas L. HALL, Defendant-Third-Party Defendant-Appellee-Cross Appellant, Southern Pacific Transportation Company, Defendant-Third-Party Plaintiff-Appellee-Cross Appellant, Travelers Indemnity Company, Third-Party Defendant.

United States Court of Appeals, Fifth Circuit.

August 5, 1977.


Attorney(s) appearing for the Case

Billy R. Pesnell, Shreveport, La., for plaintiff-appellant-cross appellee.

Henry A. Politz, Fred H. Sutherland, Shreveport, La., for Representative T. L. Hall.

Sam A. Freyer, Shreveport, La., for Representative Southern Pacific Trans. Co.

Jerold L. Perlman, Shreveport, La., for Representative Travelers.

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


PER CURIAM:

In an opinion in this case issued July 11, 1977, 555 F.2d 514-521, this Court allowed a plaintiff who had accepted "under protest" a remittitur to challenge on appeal the propriety of the remittitur. The defendants cross-appealed on the ground that the district court erred in not requiring a larger remittitur by the plaintiff. We affirmed the district court, relying on the Fifth Circuit rule that:

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