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ROSENSTEIN v. CITY OF DALLAS, TEX.

No. 87-1888.

901 F.2d 61 (1990)

Howard M. ROSENSTEIN, Plaintiff-Appellee, v. The CITY OF DALLAS, TEXAS, and Donald Milliken, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 14, 1990.

Attorney(s) appearing for the Case

Sam A. Lindsay, Chandra V. Fripp, Asst. City Attys., Dallas, Tex., for defendant-appellant.

Bruce A. Pauley, Lyon & Lyon, Rowlett, Tex., for plaintiff-appellee.

Before CLARK Chief Judge, GOLDBERG, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHE, Circuit Judges.

PER CURIAM:

The en banc court reinstates the opinion of the panel majority (876 F.2d 392) with the following exceptions: footnote 2 and the writing and footnotes under "Damages." The only objection made by any appellant to the damage award, or to the form of submission of the damages to the jury, was to the punitive damages awarded against Donald Milliken. Other errors, if any, in the submission and award of damages, have been waived...

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