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LAWSON v. KROGER CO.

No. 91-6486.

997 F.2d 214 (1993)

Terrence Delaney LAWSON, Plaintiff-Appellee, v. The KROGER COMPANY, Defendant-Appellant, Keith Carr, Sheriff of Sullivan County; C.A. Pratt, Individually and as a Deputy Sheriff of Sullivan County; Ron England, Sheriff of Washington County; Deputy Sheriff Ruddy, Individually and as a Deputy Sheriff of Washington County, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1993.

Rehearing and Suggestion for Rehearing Denied September 15, 1993.

Attorney(s) appearing for the Case

R. Wayne Culbertson (briefed), Gilley & Culbertson, Kingsport, TN, Daniel B. Minor (argued and briefed), Kingsport, TN, for plaintiff-appellee.

Archie R. Carpenter (argued and briefed), Carpenter & O'Connor, Knoxville, TN, for defendant-appellant.

Before: BOGGS and SUHRHEINRICH, Circuit Judges; and GILMORE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 15, 1993.

BOGGS, Circuit Judge.

Kroger appeals from a jury decision awarding Terrence Delaney Lawson $40,000 in a suit for malicious prosecution. Because we hold that there exists no cause of action for negligent malicious prosecution under Tennessee law, as Lawson pled, we reverse.

I

A woman calling herself Terry L. Lawson went to the Johnson City, Tennessee, Kroger food store...

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