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MAXEY v. FREIGHTLINER CORP.

No. 83-1079.

722 F.2d 1238 (1984)

Frank MAXEY and Mary Amanda Maxey, Individually and as Next Friends of Mary Kathryn Maxey and Carroll Kaylene Maxey, Minors, Plaintiffs-Appellants, v. FREIGHTLINER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 1, 1984.

Attorney(s) appearing for the Case

Windle Turley, Randall R. Moore, Dallas, Tex., for plaintiffs-appellants.

Elliott, Churchill, Hansen, Dyess & Maxfield, Thomas G. Nash, Jr., Strasburger & Price, Royal H. Brin, Jr., Dallas, Tex., for defendant-appellee.

Before BROWN, THORNBERRY and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 1, 1984.

TATE, Circuit Judge:

In this Texas diversity case, we had previously remanded this case to the district court for it to make two determinations with regard to the award of exemplary damages. 665 F.2d 1367 (5th Cir.1982) (en banc). Pursuant thereto, the district court held (a) that the evidence did not support a jury award to the plaintiffs of such punitive damages (based...

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