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JOHNSTON v. ZALE CORPORATION

484 S.W.2d 531 (1972)

Edd JOHNSTON, Appellant, v. ZALE CORPORATION and Morris Hassan, Appellees.

Supreme Court of Tennessee.

September 5, 1972.

Attorney(s) appearing for the Case

Eugene Jackson, Robert L. Jackson, Nashville, for appellant.

Gracey, Buck, Maddin & Cowan, Nashville, for appellees.

OPINION

ERBY L. JENKINS, Special Justice.

The plaintiff in the Circuit Court, Edd Johnston, sued the defendants for malicious prosecution. The trial court sustained a motion to dismiss and the plaintiff has appealed.

The pertinent portions of the complaint read as follows:

"4. On or about September 2, 1971, the defendant, Zale Corp., had certain problems in obtaining a correct balance at their Murfreesboro store. A representative of the...

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