SCHWARTZ, Chief Judge.
After a jury verdict for the plaintiff Cullen in a shoplifting-malicious prosecution case, the trial judge granted a new trial on the issue of damages only. On this appeal, the defendant KMart, claims, among other things, the right to a judgment in its favor on the ground that it had probable cause for pursuing a criminal action against the plaintiff as a matter of law. Pretermitting the other issues presented, we agree with that position and...
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