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ROYAL OIL CO., INC. v. WELLS

No. 55632.

500 So.2d 439 (1986)

ROYAL OIL COMPANY, INC., et al., v. Pamela Ann WELLS.

Supreme Court of Mississippi.

Rehearing Denied January 28, 1987.

Attorney(s) appearing for the Case

Michael J. McElhaney, Jr., Robert W. Wilkinson, Megehee, Brown, Williams & Mestayer, Pascagoula, Fred Mannino, Robert E. Hessell, Page, Mannino & Peresich, Biloxi, for appellant.

W. Harvey Barton, Cumbest, Cumbest & Hunter, Pascagoula, for appellee.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This malicious prosecution action arises out of the arrest and prosecution of a convenience store cashier on embezzlement charges ultimately "no-billed" by the grand jury. The core of this appeal is the cashier's employer's argument that she failed to prove want of probable cause for the embezzlement charge and malice in its bringing. A jury resolved these issues in the cashier's favor, returning a $9,600.00

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