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BOX v. FERRELLGAS, INC.

No. 90-5617.

942 F.2d 942 (1991)

Rebecca L. BOX, Individually and as Administratrix of the Estates of Gregory Mark Box and David Gregory Box, Plaintiff-Appellee, v. FERRELLGAS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 22, 1991.

Attorney(s) appearing for the Case

David R. Schlee, Daniel R. Young, Smith, Gill, Fisher & Butts, Kansas City, Mo., for defendant-appellant.

Catherine M. Stone, John Philip Watkins, Watkins, Mireles, Brock & Barrientos, San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

CLARK, Chief Judge:

Rebecca L. Box (Box) brought this action against Ferrellgas, Inc. (Ferrellgas). Box claimed that Ferrellgas's negligence caused the death of her husband Gregory and her son David. A jury awarded Box $2,175,694.00 for loss of companionship and society, pecuniary loss, loss of inheritance, and mental anguish. Ferrellgas appeals. We vacate the judgment appealed from and remand for a new trial.

I. BACKGROUND.

Box, her husband, and...

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