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SMITH v. A.C. & S., INC.

No. 87-4490.

843 F.2d 854 (1988)

Leorrice SMITH, et al., Plaintiffs-Appellees, v. A.C. & S., INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 2, 1988.

Attorney(s) appearing for the Case

David L. Hoskins, Thomas M. Bergstedt, Lake Charles, La., for defendants-appellants.

William Baggett, Lake Charles, Paul D. Henderson, Martin Dies, Orange, Tex., for plaintiffs-appellees.

Before VAN GRAAFEILAND, JOHNSON and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

This Circuit has previously held that a plaintiff may recover damages for serious mental distress arising from fear of developing cancer. Hagerty v. L & L Marine Services, Inc., 788 F.2d 315 (5th Cir.), modified on denial of reh'g en banc, 797 F.2d 256 (1986). The instant case requires this Court to determine the requisite proof which must be proffered by...

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