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SMITH v. INDUSTRIAL CONSTRUCTORS, INC.

No. 85-4616 Summary Calendar.

783 F.2d 1249 (1986)

Joan SMITH, individually and as Executrix of the estate of John Smith, and as representative of the heirs of John Smith, Plaintiff-Appellant, v. INDUSTRIAL CONSTRUCTORS, INC., etc., et al., Defendants, John E. Phelan, an individual, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 3, 1986.

Attorney(s) appearing for the Case

C.R. McRae, Margaret Ellis, Pascagoula, Miss., for plaintiff-appellant.

Hopkins, Logan & Vaughn, Stephen A. Anderson, Mark W. Davis, Gulfport, Miss., for defendants-appellees.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The issues before us concern two adjustments to an award for lost earnings in a wrongful death case. The plaintiff's decedent was killed in an automobile accident for which the district court, in a bench trial, found him seventy-five percent at fault. We must decide whether prejudgment interest should have been awarded on earnings lost between the time of death and the time of trial, and whether the damage award based on the decedent...

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