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BAIRD v. ALUMINUM SEAL COMPANY

No. 12154.

250 F.2d 595 (1957)

J. Dwight BAIRD, Appellant, v. ALUMINUM SEAL COMPANY, Inc., an Indiana Corporation.

United States Court of Appeals Third Circuit.

Decided December 26, 1957.

Rehearing Denied January 21, 1958.

Attorney(s) appearing for the Case

William W. Knox, Erie, Pa., for appellant.

Frank L. Seamans, Pittsburgh, Pa., (W. Gregg Kerr, Jr., Smith, Buchanan, Ingersoll, Rodewald & Eckert, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The suit at bar, sounding in tort for malicious use and malicious abuse of process, based upon diversity and jurisdictional amount, was brought by Baird against the appellee, Aluminum Seal Company, Inc.,1 (Aluminum) an Indiana corporation. Baird alleged that Aluminum "willfully, wantonly, wrongfully, maliciously, and without probable cause" confessed judgment on Baird's judgment notes, thereby causing him to lose valuable...

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