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KELLY v. MOORE

No. 03-60236.

376 F.3d 481 (2004)

Joe B. KELLY, M.D., Plaintiff-Appellant-Cross-Appellee, v. Jerry MOORE, Individually and in His Official Capacity as a Police Officer for the City of Jackson, Mississippi, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 16, 2004.

Attorney(s) appearing for the Case

Dennis L. Horn, Shirley S. Payne, Horn & Payne, Madison, MS, for Joe B. Kelly.

Samuel Lee Begley, Begley Law Firm, Jackson, MS, for Jerry Moore.

Before JOLLY, DAVIS and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

A Mississippi jury returned a $1.5 million verdict in favor of Dr. Kelly for his mistreatment in connection with a routine traffic stop. The district court vacated the award and ruled that Kelly must either accept remittitur or proceed to a new trial on damages. Kelly took the latter option and then immediately appealed the district court's ruling. We conclude that the district court's ruling is not final and dismiss the appeal for lack...

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