and VI of their complaint. In addition to Counts II and VIII,

which are pending before this court, there are pending the

following plaintiffs' motions:


1. Plaintiff's motion for a new trial which is DENIED.

2. Motion to Alter or Amend Judgment which is DENIED.

3. Motion for Remittitur on Defendants' Counterclaim which

is DENIED.


4. Motion for Additur on Count IX of the Complaint which is

ALLOWED in the sum of $250,000.00. The facts upon which the

additur is given are those set forth in those filed this day. It

is also obvious that the jury in granting the plaintiff Rhetta

Sweeney $65,000.00 for her emotional upset was giving her the

amount of the interest paid to ComFed. That measure of damage does

not take into account any incidents of emotional upset the

plaintiff Rhetta Sweeney suffered, is suffering, or may suffer in

the future because of the tortious behavior of the defendants. The

amount awarded to the jury was just the out-of-pocket sum of money

that was involved in the incident giving rise to the tortious

behavior of the defendants. It would appear the jury gave no

thought as to a sum of money for the pain and suffering involved

in an emotional upset of a person like the plaintiff, Rhetta

Sweeney. Thus, in my opinion the total amount of $315,000.00 is

a fair and adequate judgment on Count IX.

On April 25, 1990, the plaintiffs filed a Motion to Permit

Disclosure of Restrictive Materials which is allowed.

-Page 3-


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