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EARLEY v. HARRY'S IGA

No. 48,424

223 Kan. 32 (1977)

573 P.2d 572

JAMES R. EARLEY, Appellant, v. HARRY'S IGA No. 1, 2, 3, 4, INC., HARRY M. BAUERSFELD; JOE BIGGS, Appellees.

Supreme Court of Kansas.

Opinion filed November 5, 1977.

Attorney(s) appearing for the Case

Paul W. Clark, of Clark and Lykins, of Topeka, was on the brief for the appellant.

Robert D. Ochs, of Fisher, Ralston and Ochs, of Topeka, and Wendell F. Cowan, Jr., of Crane, Martin, Claussen, Hamilton and Barry, of Topeka, were on the brief for the appellees.

MEMORANDUM OPINION

Per Curiam:

This is an action to recover damages for malicious prosecution. The plaintiff Earley, along with a companion, left a grocery store in Topeka without going through the checkout stand and without paying for certain items of merchandise. Merchandise identified as property of the grocery store was later found in their possession. The plaintiff was charged in municipal court and was tried and found guilty of shoplifting....

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