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SMITH v. PIEDMONT AVIATION, INC.

No. 76-2482.

567 F.2d 290 (1978)

Joseph F. SMITH, Plaintiff-Appellee, v. PIEDMONT AVIATION, INC., and Delta Air Lines, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 27, 1978.

Attorney(s) appearing for the Case

L. W. Anderson, Dallas, Tex., for defendants-appellants.

Joseph F. Smith, pro se.

Gary S. Kessler, Dallas, Tex., for plaintiff-appellee.

Before COLEMAN, HILL, and RUBIN, Circuit Judges.

COLEMAN, Circuit Judge.

The District Court, sitting without a jury, awarded the appellee, Joseph F. Smith, compensatory damages in the amount of $1,051.80 and punitive damages in the sum of $1,500 for Piedmont's failure to comply with § 404(b) of the Federal Aviation Act of 1958, 49 U.S.C., § 1374(b).1 We affirm as to compensatory damages and reverse the award of punitive damages.

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