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JOHNSON CTY. RURAL ELEC. v. BURNELL

No. 4-385A52.

484 N.E.2d 989 (1985)

JOHNSON COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellant (Defendant below), v. Jack W. BURNELL and Betty J. Burnell, Appellees (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

November 6, 1985.

Attorney(s) appearing for the Case

Friedrich A.P. Siekert, Kightlinger, Young, Gray & Detrude, Indianapolis, for appellant.

MILLER, Judge.

Jack and Betty Burnell sued the Johnson County Rural Electric Membership Corporation (REMC) for malicious prosecution after Jack was found not guilty of the criminal charge of converting REMC's power. The criminal court, however, initially determined probable cause existed for Jack's arrest. REMC introduced the probable cause determination by the criminal court and moved for summary judgment, which the trial court denied. We reverse.

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