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MONTGOMERY WARD & CO. v. FREEMAN

No. 6488.

199 F.2d 720 (1952)

MONTGOMERY WARD & CO., Inc. v. FREEMAN.

United States Court of Appeals Fourth Circuit.

Decided November 5, 1952.

Attorney(s) appearing for the Case

Daniel W. Wilkinson, Jr., and Charles E. Ford, Newport News, Va. (Murray, Ford, West & Wilkinson, Newport News, Va., on brief), for appellant.

Percy Carmel, Hampton, Va., and Wesley R. Cofer, Jr., Phoebus, Va. (Kearney & Cofer, Phoebus, Va., and Carmel & Carmel, Hampton, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This action, as originally brought, claimed damages from Montgomery Ward & Company, Inc. for false imprisonment and for malicious prosecution, which were alleged to have resulted from a charge that the plaintiff, Cora Lee Freeman, had stolen a number of zippers from a counter of the defendant's store in Newport News, Virginia. The complaint adequately charged both offenses; but in the midst of the trial in the District Court the plaintiff...

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