because the appellant claimed "an infringement upon the jealously protected right of free speech," the Supreme Court considered his constitutional challenges under the plain error rule despite the fact that they were raised for the first time on appeal
How later courts described this case
- because the appellant claimed "an infringement upon the jealously protected right of free speech," the Supreme Court considered his constitutional challenges under the plain error rule despite the fact that they were raised for the first time on appeal
- upholding remittitur to $9,999 punitive damage award
Written by the judges who cited it.
The opinion
WELLIVER, Judge,
dissenting.
I respectfully dissent.
While I feel no compulsion to be bound by the holding of the federal trial court, I am persuaded that the Missouri Service Letter Statute is unconstitutional for the reasons enunciated by Collinson, District Judge, in Rimmer v. Colt Industries Operating Corporation, 495 F.Supp. 1217 (W.D.Mo.1980).
Following the rationale of Rimmer I would overrule any prior holdings of this Court to the contrary and would reverse the judgment of the trial court.