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CARTER v. MacMILLAN OIL CO., INC.

No. 83-992.

355 N.W.2d 52 (1984)

Jeffrey Clark CARTER, Appellant, v. MacMILLAN OIL COMPANY, INC., Appellee.

Supreme Court of Iowa.

September 19, 1984.

Attorney(s) appearing for the Case

John R. Hearn, Des Moines, for appellant.

Michael F. Lacey, Jr., of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, CARTER, and WOLLE, JJ.

CARTER, Justice.

Plaintiff appeals from an order sustaining a motion for judgment notwithstanding the verdict following a jury verdict awarding him $10,500 in actual damages and $5000 in punitive damages in a malicious prosecution action. The trial court's ruling granting that motion was based on its conclusion that its instructions to the jury permitted recovery on an improper legal theory. In addition, the trial court sustained an alternative motion for new trial...

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