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HATCHER v. BUDGET RENT-A-CAR SYSTEMS, INC.

No. 78-1862.

617 F.2d 91 (1980)

William W. HATCHER, Jr., Plaintiff-Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 12, 1980.

Attorney(s) appearing for the Case

Charles M. Wilson, III, Dallas, Tex., for plaintiff-appellant.

N. Henry Simpson, III, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, GODBOLD and TATE, Circuit Judges.

THORNBERRY, Circuit Judge:

In this diversity case under Texas law we must decide whether the trial judge erred when he granted the defendant a directed verdict at the close of plaintiff's case alleging wrongful debt collection under Tex.Rev.Civ.Stat.Ann. art. 5069-11.02 (Vernon Supp.1979). Because the evidence adduced by the plaintiff does not show that the defendant falsely accused the plaintiff of a crime, and would not allow reasonable jurors to reach a verdict...

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