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CARSON v. MOODY

No. 8930SC1328.

394 S.E.2d 194 (1990)

99 N.C. App. 724

Wayne CARSON, Plaintiff v. C.R. MOODY, Jimmy Berry, and W.C. Nelson, Jr., d/b/a Nelson Tractor Co., Defendants.

Court of Appeals of North Carolina.

August 7, 1990.

Attorney(s) appearing for the Case

McLean & Dickson, P.A. by Russell L. McLean, III, Waynesville, for plaintiff-appellant.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. David F. Hoke, Raleigh, for defendant-appellee C.R. Moody.

Haire, Bridgers & Spiro, P.A. by R. Phillip Haire, Sylva, for defendant-appellee W.C. Nelson.

No brief was filed on behalf of defendant-appellee Berry.

LEWIS, Judge.

Plaintiff contends that the trial court erred in granting summary judgment in favor of defendants. Plaintiff has alleged three causes of action (1) malicious prosecution, (2) abuse of process and (3) violation of the plaintiff's constitutional rights as protected under 42 U.S.C. § 1983.

I. Malicious Prosecution

In order for the plaintiff to succeed in an action for malicious prosecution, the plaintiff must show:

1. The...

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