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SALINAS v. O'NEILL

No. 01-40495.

286 F.3d 827 (2002)

Romeo SALINAS, Plaintiff-Appellee, v. Paul O'NEILL, Secretary, Department of the Treasury, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 2002.

Attorney(s) appearing for the Case

Ronald H. Tonkin (argued), Houston, TX, for Plaintiff-Appellee.

Marleigh D. Dover, Wendy M. Keats (argued), U.S. Dept. of Justice, Civil Div., App. Staff, Washington, DC, for Defendant-Appellant.

Before SMITH and DeMOSS, Circuit Judges, and LAKE, District Judge.

JERRY E. SMITH, Circuit Judge:

The United States, through the Secretary of the Treasury, appeals the denial of a motion for remittitur following a jury award in the trial of a retaliation claim by customs agent Romeo Salinas. We vacate and remand the award and order a remittitur unless Salinas elects a new trial on damages.

I.

Salinas has worked for the Customs Service since 1982, first in Louisiana, and now in Texas. By July 1996, he had risen to...

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