dissenting in part.
The majority opinion fully and fairly presents the issues in this case, but I must respectfully dissent on the interpretation of the damage statute. It is a close question, but I do not believe Congress could have intended to leave no leeway for a district judge to exercise some discretion in the great variety of circumstances that could easily arise. The facts in this case are an example of the unfairness that can result from a rigid application of the statute no matter the extenuating circumstances. I would allow plaintiffs, at most, no more than nominal damages.