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COTTRELL v. GRAND UNION TEA COMPANY

No. 8396.

5 Utah 2d 187 (1956)

299 P.2d 622

J. HENSLEY COTTRELL, PLAINTIFF AND APPELLANT, v. GRAND UNION TEA COMPANY, A CORPORATION, AND C.E. POPE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 16, 1956.

Attorney(s) appearing for the Case

Robert W. Hughes, Dwight L. King, Salt Lake City, for appellant.

A.W. Watson, Salt Lake City, for respondents.

CROCKETT, Justice.

J. Hensley Cottrell sued for malicious prosecution, arising out of a prior criminal action wherein defendants had charged him with the felony of embezzlement,1 which was dismissed before trial upon motion of the State. A jury answered interrogatories and rendered a verdict favorable to the plaintiff. The trial court granted defendants' motion for judgment notwithstanding the verdict, from which plaintiff appeals.

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