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FIELDS v. HUFF

No. H-C-79-34.

510 F.Supp. 238 (1981)

Betty FIELDS, Administratrix of the Estate of Whipple H. Fields, Plaintiff, v. Jerry HUFF, Warren McElroy and T.I.M.E.-DC, Inc., Defendants, Arkansas State Highway Commission, Intervenor.

United States District Court, E. D. Arkansas, E. D.

March 30, 1981.

Attorney(s) appearing for the Case

Robert J. Donovan, Marianna, Ark., Robert L. Wilson, Little Rock, Ark., for plaintiff.

Winslow Drummond, Wright, Lindsey & Jennings, Boyce Love, Friday, Eldredge & Clark, Little Rock, Ark., for defendants.

MEMORANDUM OPINION

HENRY WOODS, District Judge.

This is a diversity case filed by the administratrix of the Whipple Fields estate on behalf of his estate and children for wrongful death. The evidence was such that an issue was clearly made for punitive damages, if such damages are allowed in a wrongful death action under Arkansas law. The problem is by no means a simple one. In view of the recurrence of the question, we have concluded that a memorandum opinion...

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