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MARTIN v. MISSOURI PACIFIC R. CO.

No. 82-2329. Summary Calendar.

732 F.2d 435 (1984)

Deryle Wayne MARTIN, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1984.

Attorney(s) appearing for the Case

Jones, Jones, Baldwin, Curry & Roth, Carl R. Roth, Marshall, Tex., for plaintiff-appellant.

E. Lawrence Merriman, Longview, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GEE, and RUBIN, Circuit Judges.

PER CURIAM:

Over the objections of plaintiff, and in justified reliance on Johnson v. Penrod Drilling Co., 510 F.2d 234 (5th Cir.1975), the trial court excluded evidence of the effect of inflation on future damages. Penrod was overruled by Culver v. Slater Boat Co., 688 F.2d 280 (5th Cir.1982) (en banc) (Culver I), which permitted the trial court to choose from several...

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