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WOLFE v. MURPHY

No. 11697.

113 F.2d 775 (1940)

WOLFE v. MURPHY et al.

Circuit Court of Appeals, Eighth Circuit.

July 30, 1940.

Attorney(s) appearing for the Case

George E. Wallace, of St. Paul, Minn., for appellant.

W. A. Smith, of Dubuque, Iowa (F. A. O'Connor, Paul F. Smith, and E. Marshall Thomas, all of Dubuque, Iowa, on the brief), for appellees.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

THOMAS, Circuit Judge.

This is an appeal by the plaintiff in the district court from a judgment dismissing his complaint on the ground that the alleged cause of action was barred by the statute of limitations.

The present suit is an action for damages for malicious prosecution. The plaintiff is a citizen of Minnesota and the defendants reside in Clayton county, Iowa. More than $3,000 is involved.

The date of the accrual of the alleged cause of action...

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