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ANDERSON v. SAGER

No. 13834.

173 F.2d 794 (1949)

ANDERSON et al. v. SAGER.

United States Court of Appeals Eighth Circuit.

April 1, 1949.

Attorney(s) appearing for the Case

Sigurd Anderson, Atty. Gen., E. D. Barron, Asst. Atty. Gen. State of South Dakota (Earl V. Morrill, of Sturgis, S. D., on the brief), for appellants.

H. F. Fellows, Geo. A. Bangs and W. A. McCullen, all of Rapid City, S. D., for appellee.

Before GARDNER, Chief Judge, and RIDDICK and STONE, Circuit Judges.

RIDDICK, Circuit Judge.

This is an appeal from a judgment in an action for damages for an alleged false arrest and imprisonment. In her complaint appellee charged that she had suffered actual damages in the sum of $10,000 and was entitled to exemplary damages in the sum of $5,000. Jurisdiction is based upon diversity of citizenship. The trial court withdrew from the jury the question of exemplary damages, ruled that the arrest and detention of appellee were unlawful...

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