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J. C. PENNEY COMPANY v. O'DANIELL

No. 5986.

263 F.2d 849 (1959)

J. C. PENNEY COMPANY, a corporation, Appellant, v. Leonard O'DANIELL and Opal O'Daniell, Husband and Wife, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 31, 1959.

Attorney(s) appearing for the Case

Glenn H. Grubb, Oklahoma City, Okl. (Claude Monnet, Oklahoma City, Okl., on the brief), for appellant.

Leslie L. Conner, Oklahoma City, Okl., for appellees.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

Plaintiffs brought this action to recover actual and punitive damages for the alleged false arrest and detention of the plaintiff Opal O'Daniell. Her husband, Leonard O'Daniell, sought relief for loss of consortium. The claims arose out of action taken by several of defendant's employees after they had been informed that a customer had seen a person, answering the description of the plaintiff Opal O'Daniell, surreptitiously take some merchandise...

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