ESSINGER v. LIBERTY MUT. FIRE INS. CO.

No. 07-60376.

534 F.3d 450 (2008)

Patrick Joseph ESSINGER, Sr., individually and as administrator of the estate of Jolee Paige Essinger, deceased; Constance Lorraine Essinger, individually, and as administrator of the estate of Jolee Paige Essinger, deceased, Plaintiffs-Appellants, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 2008.


Attorney(s) appearing for the Case

Robert H. Tyler (argued), Tyler Law Firm, Biloxi, MS, for Plaintiffs-Appellants.

Clifford K. Bailey, III (argued), Wells, Marble & Hurst, Ridgeland, MS, for Defendant-Appellee.

Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.


SOUTHWICK, Circuit Judge:

We deny the petition for rehearing. We discuss only one of the issues that was presented in the petition, but all have been considered.

The Essingers argue that an issue we raised sua sponte in our original opinion should result in reversal and remand. We disagree. The initial opinion gave the broader context for our discussion of the punitive damage issue by pointing out that Mississippi...

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