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SMITH v. STATE FARM FIRE AND CAS. CO.

No. 82-3344 Summary Calendar.

695 F.2d 202 (1983)

Wesley D. SMITH, individually and as the administrator of the estate of his minor child, Stacey Smith, and Deanna Smith, Plaintiffs-Appellees Cross Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1983.

Attorney(s) appearing for the Case

Gist, Methvin, Hughes & Munsterman, DeWitt T. Methvin, Jr., Alexandria, La., for defendant-appellant cross-appellee.

Broussard, Bolton & Halcomb, Daniel E. Broussard, Jr., for plaintiffs-appellees cross-appellants.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

These cross-appeals involve the propriety of statutory penalties and fees assessed against a fire insurer, and the commencement date for legal interest thereon. We affirm the award of penalties and fees, and modify and affirm the award of interest.

Wesley D. Smith, individually and on behalf of his minor child, and Deanna Smith, his wife, sued State Farm Fire and Casualty Company in state court, seeking payments under their homeowner...

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