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BROWN v. MILLER

No. 79-2445.

631 F.2d 413 (1980)

Arthur J. BROWN, Plaintiff-Appellant, v. J. A. MILLER, Jr., etc., and Mississippi Telephone Corporation, etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

November 26, 1980.

Attorney(s) appearing for the Case

Gary L. Roberts, Wm. Roberts Wilson, Jr., Pascagoula, Miss., for plaintiff-appellant.

James H. Lackey, Mobile, Ala., for defendants-appellees.

Before THORNBERRY, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

This is a companion appeal to Brown v. Miller, 631 F.2d 408 (5th Cir. 1980). The companion appeal was by defendants cast in damages in a civil rights action, 42 U.S.C. § 1983; in it, because of an erroneous evidentiary ruling, we vacated the award of damages and remanded for a new trial as to that issue.

The present appeal is by the plaintiff. He complains...

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