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SMITH v. THE BERRY CO.

No. 97-30795.

198 F.3d 150 (1999)

Brenda SMITH, Plaintiff-Appellee-Cross-Appellant, v. THE BERRY CO., et al., Defendants, L.M. Berry and Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1999.

Attorney(s) appearing for the Case

William Martin McGoey (argued), Evans & Clesi, New Orleans, LA, for Smith.

H. Mark Adams (argued), Virginia W. Gundlach, Pauline F. Hardin, Mary Ellen Jordan, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for L.M. Berry and Co.

Before REAVLEY, DAVIS and DUHE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

On Petition for Panel Rehearing, Plaintiff-Appellee-Cross-Appellant Brenda Smith asks us to reinstate her award of damages for mental pain and suffering. She contends that although such an award is not available under federal age discrimination law, Louisiana law permits her recovery. After considerable reflection, we deny Smith's petition. We also grant in part Smith's Petition for Attorney's Fees on Appeal and deny Berry's Petition...

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