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DURISO v. K-MART NO. 4195, DIV. OF S. S. KRESGE CO.

No. 77-1026 Summary Calendar.

559 F.2d 1274 (1977)

Lawrence J. DURISO, Plaintiff-Appellee, Cross-Appellant, v. K-MART NO. 4195, DIVISION OF S. S. KRESGE COMPANY, et al., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 28, 1977.

Attorney(s) appearing for the Case

Gordon R. Pate, Beaumont, Tex., for defendant-appellant, cross-appellee.

Keith Griffin, Beaumont, Tex., for plaintiff-appellee, cross-appellant.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Lawrence Duriso brought this suit under 42 U.S.C. § 1983 against K-Mart Food Store No. 41951 and Donald W. Cox, the store's assistant manager, alleging deprivation of his constitutionally guaranteed rights by an unlawful arrest on a petty theft charge. He also alleged malicious prosecution, but the district court directed a verdict in favor of defendants on this issue. A jury awarded Duriso $10,000 in damages, K-Mart and...

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