SPENCER, Justice.
This is an appeal from the sustaining of a summary judgment in a damage action for malicious prosecution. We affirm.
Defendant, Elmer Brockman, was the superintendent of the weed control authority of Garfield and Valley counties, and a deputy sheriff of Valley county. Brockman had sent a letter by certified mail to plaintiff, Lowell A. Jones, requesting him to spray various noxious weeds. The letter was refused.
On July 19, 1969,...
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