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MUSSER v. SMITH PROTECTIVE SERVICES, INC.

No. C-4216.

723 S.W.2d 653 (1987)

Bob H. MUSSER, Individually and d/b/a Musser & Associates, Petitioner, v. SMITH PROTECTIVE SERVICES, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 25, 1987.

Attorney(s) appearing for the Case

Michael C. Neel and Candace Sturdivant, Michael C. Neel & Associates, Houston, for petitioner.

Thomas P. Sartwelle and Roger Townsent, Fulbright & Jaworski, Houston, for respondents.

SPEARS, Justice.

This is a libel action concerning a written statement by Smith about Musser's business practices. The jury found the statement was libelous and was made with malice and awarded Musser compensatory damages of $15,000 and exemplary damages of $35,000. The trial court rendered judgment for Musser that the statement was libelous, but granted judgment notwithstanding the verdict for Smith on the malice and exemplary damages findings. The court of appeals...

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