CHICAGO GREAT WESTERN RAILWAY COMPANY v. ROBINSON

No. 15655.

243 F.2d 389 (1957)

CHICAGO GREAT WESTERN RAILWAY COMPANY, Appellant, v. B. D. ROBINSON, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 17, 1957.


Attorney(s) appearing for the Case

Guy A. Magruder, Jr., Kansas City, Mo. (Frank H. Terrell and Terrell, Hess & Magruder, Kansas City, Mo., on the brief), for appellant.

Fred J. Freel and Robert L. Robertson, Kansas City, Mo., for appellee.

Before GARDNER, Chief Judge, WOODROUGH, Circuit Judge, and DONOVAN, District Judge.


DONOVAN, District Judge.

This action for damages for alleged malicious prosecution resulted in judgment for plaintiff in the trial court. For convenience the parties to this appeal will be referred to as plaintiff and defendant, as designated in the District Court.

Defendant is contending here that the prosecution of plaintiff was (a) neither commenced nor carried on by defendant and (b) if it were initiated by an...

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