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MUSSER v. SMITH

No. C14-84-236CV.

690 S.W.2d 56 (1985)

Bob H. MUSSER, Individually and D/B/A Musser & Associates, Appellant, v. Andrew L. SMITH, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied April 25, 1985.

Attorney(s) appearing for the Case

Michael C. Neel, Houston, for appellant.

Thomas P. Startwelle, Fulbright & Jaworski, Houston, for appellee.

Before JUNELL and SEARS, JJ., and T. GILBERT SHARPE, Retired Justice.

OPINION

JUNELL, Justice.

This appeal concerns a defamation action brought by Bob Musser, appellant, against Andrew Smith, appellee. A jury answering special issues found that a certain written statement made by Smith in a letter was libelous and made with malice and was a proximate cause of damage to Musser. The jury awarded actual or compensatory damages of $15,000 and exemplary damages of $35,000. Upon appellee's motion for a judgment non obstante veredicto...

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