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  5. 579 P.2d 1316 (1978)
 

SHIPPERS' BEST EXP., INC. v. NEWSOM

No. 14906.

579 P.2d 1316 (1978)

SHIPPERS' BEST EXPRESS, INC., a Utah Corporation, Plaintiff and Appellant, v. Wayne NEWSOM, Defendant and Respondent.

Supreme Court of Utah.

On Rehearing May 3, 1978.

Attorney(s) appearing for the Case

Daniel E. England of Nelson, Harding, Richards, Leonard & Tate, Salt Lake City, for plaintiff and appellant.

Horace J. Knowlton, Salt Lake City, for defendant and respondent.

PER CURIAM:

This is an appeal from a judgment and verdict in favor of Newsom for $6,800 on his counterclaim for malicious prosecution in a suit by Shippers' against him (an independent truck driver) based on breach of a lease of one of Shippers' trailers. Shippers' was awarded $3,552 for the breach, as against Newsom's counterclaim judgment.

Newsom made a number of hauls under the lease, which called for 67 percent of the gross revenues. The...

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