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MOODY v. UNITED STATES

No. 85-2259.

783 F.2d 1244 (1986)

Shearn MOODY, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 3, 1986.

Attorney(s) appearing for the Case

Gary M. Riebschlager, Ben B. Floyd, Jacalyn D. Scott, Michol O'Connor, Vidal G. Martinez, Houston, Tex., for Shearn Moody, Jr.

Frank A. Conforti, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., C.J. (Neil) Calnan, Asst. U.S. Atty., Houston, Tex., for U.S.

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

POLITZ, Circuit Judge:

Shearn Moody, Jr. appeals a judgment of the district court awarding him damages for the theft of a coin from the United States mail.1 The coin was valued at $50,000. Moody's recovery from the United States Postal Service was limited to $25,000. Moody also appeals the denial of attorneys' fees and costs. We affirm in part and vacate and remand in part.

BACKGROUND FACTS

On December 1, 1981, Norman...

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