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WESTREICH v. McFARLAND

No. 13907.

429 F.2d 947 (1970)

Stanley WESTREICH, Appellant, v. Walter P. McFARLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1970.

Attorney(s) appearing for the Case

Moses Krislov, Cleveland, Ohio (John J. Prendergast and Pierce & Prendergast, Alexandria, Va., and Aaron F. Fodiman, Arlington, Va., on brief) for appellant.

William O. Bittman, Washington, D. C., (Hogan & Hartson, Washington, D. C., Henry St. John FitzGerald, and Tolbert, Lewis & FitzGerald, Arlington, Va., and Peter W. Tredick, Newark, N. J., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and RUSSELL, District Judge.

BUTZNER, Circuit Judge:

Stanley Westreich appeals from a judgment of the district court denying him recovery against Walter McFarland for malicious prosecution. The district judge, sitting without a jury, held McFarland was not liable because he acted with probable cause and without malice in prosecuting Westreich. We agree that Westreich's claim was properly denied under the law of Virginia, which governs this diversity action.

Westreich and McFarland along...

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