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ESMARK APPAREL, INC. v. JAMES

No. 92-7522.

10 F.3d 1156 (1994)

ESMARK APPAREL, INC., Plaintiff-Appellant/Cross-Appellee, v. Thomas JAMES et al., Defendants, Thomas James, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 14, 1994.

Attorney(s) appearing for the Case

Larry E. Parrish, Memphis, TN, for appellant.

T.H. Freeland, III, Hale Freeland, Freeland, Freeland & Wilson, Oxford, MS, for appellee.

Before GARWOOD, DAVIS and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Esmark Apparel, Inc. sued a group of former employees alleging that they conspired to convert company property and to misappropriate company funds. One of the employees, Thomas James, counterclaimed alleging that he was defamed when the company announced to his co-workers that he had been fired for his involvement in the conspiracy. The district court dismissed both the original claim and the counterclaim on cross-motions for summary...

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