Debra P. Grimm, Plaintiff-appellee, v. Q.v. Leinart and Ernst Phillips, Defendants-appellants, 710 F.2d 233 (6th Cir. 1983)

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US Court of Appeals for the Sixth Circuit - 710 F.2d 233 (6th Cir. 1983) 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.

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

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


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.

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