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AUCOIN v. AETNA CAS. & SUR. CO.

No. 86-1051.

520 So.2d 795 (1987)

Preston N. AUCOIN, Plaintiff-Appellee, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 4, 1987.

Attorney(s) appearing for the Case

Preston N. Aucoin and Gilbert W. Aucoin, Ville Platte, for plaintiff-appellee.

Voorhies & Labbe, Amos H. Davis and Craig Jones, Lafayette, for defendant-appellant.

Before DOMENGEAUX, DOUCET and LABORDE, JJ.

LABORDE, Judge.

This suit involves a claim of malicious prosecution brought by plaintiff, Preston Aucoin (Aucoin) against Aetna Casualty & Surety Co. (Aetna). Aucoin prevailed in the lower court which awarded damages of $9,999.00. Aetna appeals this judgment claiming that plaintiff did not prove all of the elements of malicious prosecution. Aucoin, on the other hand, seeks that his damage award be increased to $50,000. We reverse.

The facts of this case...

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