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supra at 333. Such remedies are intended to redress intangible
elements of injury that are deemed important, even though not
pecuniary in their immediate consequences. These injuries may
include emotional distress, pain and suffering, impairment of
reputation, personal humiliation, and mental anguish. United
States v. Burke, supra at 235-236.
Here, under 17 of the 20 causes of action alleged,
petitioners sought damages for mental suffering and emotional
distress. They also sought general damages and interest and, in
some causes of action, exemplary and punitive damages. Of the 12
causes of action based upon the Bank Defendants' direct
liability, Nos. 1 through 10 are clearly torts or tortlike. In
fact, of the 20 causes of action, direct and indirect, at most 4
(Nos. 11, 12, 13, and arguably 14) do not sound in tort.
The origin of the milk producers' complaint against the
banks was that they made risky loans to Knudsen, knowing that it
was financially shaky, under conditions which practically
guaranteed they (the banks) would be repaid at the expense of the
milk producers. The complaint also alleged that the banks lied
to the milk producers to induce them to continue to provide milk
after the banks knew that Knudsen was about to default, thereby
putting the plaintiffs in more jeopardy, and causing foreseeable
harm, all to make themselves more secure. This was a claim
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