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KNABE v. NATIONAL SUPPLY DIV. OF ARMCO STEEL

No. 77-1251.

592 F.2d 841 (1979)

Lawrence KNABE, Sr. and Lawrence Knabe, Jr., Plaintiffs-Appellants Cross-Appellees, v. NATIONAL SUPPLY DIVISION OF ARMCO STEEL CORPORATION, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1979.

Attorney(s) appearing for the Case

Cletus C. Schenk, James E. Cook, Wichita Falls, Tex., for plaintiffs-appellants cross-appellees.

Royal H. Brin, Jr., Dallas, Tex., for defendant-appellee cross-appellant.

Before INGRAHAM, GEE and FAY, Circuit Judges.

GEE, Circuit Judge:

Appellants Lawrence Knabe, Sr. and Lawrence Knabe, Jr. were awarded compensatory and exemplary damages by a jury for injury to their dairy business as a result of water pollution caused by appellee National Supply. The district court set aside the jury award of $50,000 exemplary damages and entered judgment against National Supply for compensatory damages in the amount of $76,800. The Knabes appeal, asking for reinstatement of the exemplary damages...

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