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FOSTER v. TRENTHAM'S INC.

Civ. No. 3-78-127.

458 F.Supp. 1382 (1978)

Frank FOSTER and wife, Gerrie Foster v. TRENTHAM'S INC.

United States District Court, E. D. Tennessee, N. D.

August 17, 1978.

Attorney(s) appearing for the Case

L. Anderson Galyon, III, Knoxville, Tenn., Ronald E. Sharp, Sevierville, Tenn., for plaintiffs.

Frank Q. Vettori, Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiffs Gerrie Foster and her husband brought this diversity action charging the defendant with malicious prosecution and "outrageous conduct causing severe emotional distress". The defendant has moved to dismiss the claim of Gerrie Foster on the ground that she can recover in this action only under the tort of outrageous conduct and that the complaint fails to state a cause of action under that tort.

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