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HERDMAN v. SMITH

No. 81-3357.

707 F.2d 839 (1983)

Henry HERDMAN, Plaintiff-Appellee, v. Erwin J. SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 1983.

Attorney(s) appearing for the Case

McCann, McCann, Schrodeder & Mirabile, John J. McCann, New Orleans, La., for defendant-appellant.

Henry Tutt Dart, New Orleans, La., for plaintiff-appellee.

Before INGRAHAM, REAVLEY and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

On November 12, 1978, Erwin J. Smith, defendant, accompanied his employee, Charles Weckworth and Weckworth's wife Suzanne, to a New Orleans Saints football game. After Weckworth parked on a public street near the Superdome, two teenage boys approached him and demanded $2.00, otherwise his auto would be damaged. Weckworth refused to pay this "protection" money. When the trio returned, Weckworth's tires were slashed.

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