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TRIANGLE AUTO AUCTION, INC. v. CASH

Record No. 870591.

380 S.E.2d 649 (1989)

TRIANGLE AUTO AUCTION, INC. v. Daniel F. CASH.

Supreme Court of Virginia.

June 9, 1989.

Attorney(s) appearing for the Case

David W. Mullen, Christiansburg, for appellant.

Joseph R. Johnson, Jr., David D. Embrey (Johnson & Cunningham, on brief), Lynchburg, for appellee.

Present: All the Justices.

LACY, Justice.

In this case, we consider whether Triangle Auto Auction, Inc. engaged in actions constituting malicious abuse of process in its attempt to recover funds owed by Daniel F. Cash.

On May 5, 1986, Daniel Cash filed a motion for judgment alleging malicious abuse of process against Triangle Auto Auction, Inc. (Triangle) alleging that Triangle "sued out a criminal process against [Cash] and caused his arrest thereunder, not for the purpose of enforcing...

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