Court of Appeals for the Fifth Circuit October 10, 1978, No. 76-2518 (Shelak v. White Motor Co.)

ALVIN B. RUBIN, Circuit Judge,

dissenting in part:

Although I concur in all of the other portions of the opinion, I must dissent from the result reached with respect to retrial on the issue of damages. My brethren order a new trial in essence because the trial judge refused to grant a continuance as a result of the failure of plaintiff’s counsel to reply adequately to discovery interrogatories.