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BARTON PROTECTIVE SERVICES, INC. v. FABER

No. 97-3949.

745 So.2d 968 (1999)

BARTON PROTECTIVE SERVICES, INC., Appellant, v. John F. FABER and Eddie C. Worlds, III, City of Pompano Beach, Alex Nunes, Jose Interian and California Retired Public Servants Association, Appellees.

District Court of Appeal of Florida, Fourth District.

July 21, 1999.

Attorney(s) appearing for the Case

Rosemary B. Wilder and Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale and J. Frank Beauchamp, III, of Carman, Beauchamp & Sang, P.A., Deerfield Beach, for appellant.

J. David Huskey, Jr. and C. Edward McGee, Jr. of McGee, Gainey & Huskey, P.A., Fort Lauderdale, for Appellees John F. Faber and Eddie C. Worlds.

Robert H. Schwartz and Jonathan M. Matzner of Adorno & Zeder, P.A., Fort Lauderdale, for Appellees City of Pompano Beach, Alex Nunes and Jose Interian.

TAYLOR, J.

In this appeal following a jury verdict for plaintiffs in a civil rights action under 42 U.S.C. § 1983, the jury found a shopping mall security company liable for false arrest. Barton Protective Services, Inc. (Barton) contends that the trial court erred in denying its motion for a directed verdict, judgment notwithstanding the verdict, and new trial, because the evidence was insufficient to show that Barton acted under "color of law" within the meaning...

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