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PATTON v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 24206.

387 F.2d 360 (1968)

Neal M. PATTON, Jr., Appellant, v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 28, 1968.

Attorney(s) appearing for the Case

Wade H. Leonard, Rossville, Ga., for appellant.

Dudley B. Magruder, Jr., Dudley B. Magruder, Jr., Rogers, Magruder & Hoyt, Rome, Ga., for appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.

PER CURIAM.

This appeal is from a civil action for malicious prosecution which resulted in a judgment for defendant based upon a jury verdict.

The prior criminal action against Appellant, which resulted in his acquittal, was a prosecution by the State of Georgia based upon a warrant taken out by an agent of the Appellee upon the advice of the Solicitor General of the City Court of Colquitt County, Georgia. It was in that Court that Appellant was

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