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CHARLES STORES CO. v. O'QUINN

No. 5981.

178 F.2d 372 (1949)

CHARLES STORES CO. Inc., v. O'QUINN.

United States Court of Appeals Fourth Circuit.

Decided December 12, 1949.

Attorney(s) appearing for the Case

McNeill Smith and C. R. Wharton, Greensboro, N. C. (A. W. Sapp and Smith, Wharton, Sapp & Moore, Greensboro, N. C., on brief), for appellant.

Welch Jordan and Norman A. Boren, Greensboro, N. C. (Hines & Boren, Greensboro, N. C., on brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

This case grew out of the arrest and prosecution of L. R. O'Quinn, the plaintiff in the District Court, for the larceny of a woman's blouse worth $3 from the store of Charles Stores Company, Inc., in Greensboro, North Carolina. Three days after the arrest during which the accused was on bail in the sum of $100, the criminal case was tried. At the trial he proved an excellent character and was acquitted. He brought the pending suit for malicious...

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