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LYNN v. SMITH

No. 13118.

281 F.2d 501 (1960)

Robert E. LYNN, Alicia J. Lynn, Plaintiffs-Appellants, v. William F. SMITH, John E. Young, Charles Benedict, Henry J. Danielson, J. Regis Thompson, Charles Anthony.

United States Court of Appeals Third Circuit.

Decided August 2, 1960.

Attorney(s) appearing for the Case

C. Henry Nicholson, Warren, Pa. (William R. Blood, Jamestown, N. Y., on the brief), for appellants.

John C. Gent, Erie, Pa. (Curtze & Gent, Erie, Pa., on the brief), for appellees.

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

KALODNER, Circuit Judge.

At the conclusion of pre-trial conferences, in an action for malicious prosecution, the court below, sua sponte, entered an Order of dismissal and directed judgment against the plaintiff and in favor of the defendants "with prejudice and costs."1

In a "Memorandum on Order of Dismissal" the court below found "not only that there was a lack of malice but that there was probable cause." D.C.W.D.Pa. 1959, ...

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