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ALABAMA POWER CO. v. NEIGHBORS

80-217.

402 So.2d 958 (1981)

ALABAMA POWER COMPANY, v. John K. NEIGHBORS.

Supreme Court of Alabama.

August 21, 1981.

Attorney(s) appearing for the Case

S. Allen Baker, Jr. and James A. Bradford of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, John P. Oliver, II of Oliver & Sims, Dadeville, for appellant.

Ruth Sullivan, Dadeville, Tom Radney of Radney & Morris, Alexander City, for appellee.

MADDOX, Justice.

This is a malicious prosecution action against Alabama Power Company wherein the plaintiff John Kimbro Neighbors, Jr. alleges that APCo instigated a criminal proceeding against him which resulted in his criminal indictment before the Tallapoosa grand jury on the following felony charge:

Knowingly, willfully and without the consent of the owner, entered upon the land of Alabama Power Company, Inc., a corporation, and cut and carried off timber...

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