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HORNIN v. MONTGOMERY WARD & CO.

No. 7590.

120 F.2d 500 (1941)

HORNIN v. MONTGOMERY WARD & CO., Inc.

Circuit Court of Appeals, Third Circuit.

May 14, 1941.

Attorney(s) appearing for the Case

Laurence E. Oliphant, Jr., and Stuart S. Ball, both of Chicago, Ill. (F. T. Barrett, of Chicago, Ill., and Ralph J. McAllister, of McKeesport, Pa., on the brief), for appellant.

Ben Paul Brasley, of Pittsburgh, Pa. (Brasley, Rubin, Balter & Cole, of Pittsburgh, Pa., and Robert Palkovitz, of McKeesport, Pa., on the brief), for appellee.

Before BIGGS, CLARK, and JONES, Circuit Judges.

JONES, Circuit Judge.

The plaintiff sued to recover damages for malicious prosecution for which the defendant was allegedly responsible. The jury returned a verdict for the plaintiff whereon the trial court entered judgment in a reduced amount pursuant to a remittitur filed by the plaintiff in compliance with the condition attached to the court's refusal of the defendant's motion for a new trial. A motion by the defendant...

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