710 F2d 233 Grimm v. Qv Leinart

710 F.2d 233

Debra P. GRIMM, Plaintiff-Appellee,
v.
Q.V. LEINART and Ernst Phillips, Defendants-Appellants.

No. 81-5737.

United States Court of Appeals,
Sixth Circuit.

June 6, 1983.

Appeal from the Eastern District of Tennessee; Robert L. Taylor, chief judge.

Frank Q. Vettori, J. Anthony Farmer, Knoxville, Tenn., for defendants-appellants.


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1

Herbert S. Moncier, Edward E. Wilson, Knoxville, Tenn., for plaintiff-appellee.

2

Before KEITH and CONTIE, Circuit Judges, and JOINER*, District Judge.

ORDER GRANTING PETITION FOR REHEARING

3

Upon consideration of the petition for rehearing, the above panel concludes that rehearing is necessary to consider the effect of the United States Supreme Court's opinion in Smith v. Wade, --- U.S. ----, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983) on the holding in this case.

4

Accordingly, it is hereby ordered that the petition for rehearing is granted, 705 F.2d 179 (6th Cir.1983). It is further ordered that both parties file with the court within fifteen (15) days a supplemental memorandum of law discussing the district court's charge to the jury on punitive damages in light of Smith v. Wade.

*

Hon. Charles W. Joiner, U.S. District Judge, Eastern District of Michigan, sitting by designation