CLARKE v. MONTGOMERY WARD & COMPANY

No. 8403.

298 F.2d 346 (1962)

Joe W. CLARKE, Appellant, v. MONTGOMERY WARD & COMPANY, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1962.


Attorney(s) appearing for the Case

Robert J. Stanford, Washington, D. C. (William B. Clinch, McLean, Va., on brief), for appellant.

Daniel W. Wilkinson, Jr., Newport News, Va. (Charles E. Ford and Murray, Ford, West & Wilkinson, Newport News, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and BRYAN and BELL, Circuit Judges.


SOBELOFF, Chief Judge.

Summary judgment was entered for the defendant, Montgomery Ward & Company, in an action for malicious prosecution instituted by the plaintiff, Joe W. Clarke, in the United States District Court for the Western District of Virginia. The issue here is whether, on the pleadings, depositions, admissions, and affidavits before the District Court, there was raised a material issue of fact as to the existence of probable cause for the criminal...

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