ROWE v. ZELLNER

No. 22078.

352 F.2d 974 (1965)

James Burley ROWE, Jr., III, Appellant, v. J. K. ZELLNER, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 28, 1965.


Attorney(s) appearing for the Case

F. R. Raley, Trammell F. Shi, Macon, Ga., for appellant.

George C. Grant, Macon, Ga., for appellees.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from a dismissal of appellant's diversity suit for damages for alleged malicious prosecution, upon motion for summary judgment, filed by the appellees, the defendants in the trial court.

The pleadings and the affidavits in opposition to the motion for summary judgment, upon which appellant has a right to rely on motion for summary judgment make out the following case for the appellant.

Rowe, who had authority...

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