DOUGHERTY v. SZIVOS

No. 14625.

209 F.2d 935 (1954)

DOUGHERTY v. SZIVOS.

United States Court of Appeals Fifth Circuit.

February 9, 1954.


Attorney(s) appearing for the Case

John O. Collins, Ancon, Canal Zone, for appellant.

George R. Blue, U. S. Atty., New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

This is an action for malicious prosecution, in which the court below granted appellee's motion for an involuntary nonsuit, and rendered judgment in his favor on the ground that the evidence was insufficient to warrant submission of the case to the jury. The question before us is whether there was any issue of fact to be submitted to the jury on the question of probable cause.

The evidence disclosed that on the night of October 13, 1952...

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