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  5. 442 S.W.2d 632 (1969)
 

COTTON v. UNDERWOOD

442 S.W.2d 632 (1969)

J. Clifton COTTON, Plaintiff-in-Error, v. Thomas R. UNDERWOOD, Morris Best, Leroy Pippinger and American Insurance Association, Defendants-in-Error.

Supreme Court of Tennessee.

June 13, 1969.

Attorney(s) appearing for the Case

Ernest W. Cotten, Lebanon, and John S. Wrinkle, Chattanooga, for plaintiff in error.

Bishop, Thomas, Leitner, Mann & Milburn, and Collins & Seal, Chattanooga, R. Vann Owens, Chattanooga, of counsel, for defendants in error.

OPINION

HUMPHREYS, Justice.

Plaintiff J. Clifton Cotton sued Thomas R. Underwood, Morris Best, Leroy Pippinger and American Insurance Association for $500,000.00 damages for malicious prosecution. Cotton alleged defendants prosecuted him for the arsonous burning of his house but that the jury had returned a verdict of not guilty.

Defendants pleaded in abatement that in J. Clifton Cotton's Federal Court suit against Jersey Insurance Company to recover...

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