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.
ORDER GRANTING PETITION FOR REHEARING
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