MARCUM v. SAGEHORN

No. 46295.

660 S.W.2d 426 (1983)

Virgil MARCUM, Plaintiff-Appellant, v. Frank M. SAGEHORN and Sinclair Oil Company, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

October 25, 1983.


Attorney(s) appearing for the Case

Harold G. Johnson, St. Ann, for plaintiff-appellant.

Lamar E. Ottsen, Clayton, Gerard Timothy Carmody, St. Louis, for defendant-respondent.


GAERTNER, Judge.

In this case seeking damages for alleged false arrest and malicious prosecution, we are called upon to determine the propriety of the granting of Motions for Directed Verdicts at the conclusion of plaintiff's opening statement.

The opening statement of plaintiff's attorney can be summarized as follows:

On December 23, 1975, defendant Frank Sagehorn operated a gasoline service station under a lease from defendant Sinclair Oil Company...

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