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LEWIN v. FIRST PARATRANSIT CORP.

No. 13372.

387 So.2d 1254 (1980)

Samuel J. LEWIN v. FIRST PARATRANSIT CORP. d/b/a Yellow Cab, Bellefonte Ins. Co. and Julius Nesmith, Jr.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 4, 1980.

Attorney(s) appearing for the Case

Lennie F. Perez, Baton Rouge, for plaintiff-appellant Samuel L. Lewin.

John W. Barton, Jr., Baton Rouge, for defendants-appellees First Paratransit Corporation d/b/a Yellow Cab Company and Julius L. Nesmith, Jr.

Before ELLIS, CHIASSON and PONDER, JJ.

PONDER, Judge.

Plaintiff appealed from the judgment for the defendants in this action for malicious prosecution.

We reverse and render.

Defendant Nesmith was a driver for First Paratransit Corporation, operating the Yellow Cab Taxi Service. Plaintiff was an engineer on a ship anchored in the Mississippi River at Baton Rouge.

Nesmith was dispatched to pick up plaintiff from a bar and grill. When plaintiff arrived at the dock to catch a launch...

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