Brenda Smith, Plaintiff-Appellee-Cross-Appellant v. The Berry Co., L.M. Berry and Company, Defendant-Appellant-Cross-Appellee

ON PETITIONS FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion February 1, 1999, 5th Cir.1999, 165 F.3d 390)

Before REAVLEY, DAVIS and DUHÉ, Circuit Judges. W. EUGENE DAVIS, Circuit Judge:

On Petition for Panel Rehearing, Plaintiff-Appellee-Cross-Appellant Brenda Smith asks us to reinstate her award of damages for mental pain and suffering. She contends that although such an award is not available under federal age discrimination law, Louisiana law permits her recovery. After considerable reflection, we deny Smith’s petition. We also grant in part Smith’s Petition for Attorney’s Fees…