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FOX v. C.I.T. FINANCIAL SERVICES CORP.

Civ. A. No. 87-0387-R.

703 F.Supp. 496 (1989)

Charles D. FOX, III, Plaintiff, v. C.I.T. FINANCIAL SERVICES CORPORATION, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

January 20, 1989.

Attorney(s) appearing for the Case

Jonathan M. Rogers, Strickland & Rogers, Roanoke, Va., for plaintiff.

David G. Weaver, William J. Creech, Jr., Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendant.

MEMORANDUM OPINION

TURK, Chief Judge.

Defendant has moved the court for summary judgment in this diversity action for malicious prosecution. The court finds that summary judgment should not lie and denies defendant's motion.

Plaintiff initially filed this action for malicious prosecution and refusal to disclose an investigative consumer report in September, 1987. The court dismissed the action in March, 1988, but gave plaintiff leave to file an amended...

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