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TRABAL v. WELLS FARGO ARMORED SERVICE CORP.

No. 00-2511.

269 F.3d 243 (2001)

Luis TRABAL, v. WELLS FARGO ARMORED SERVICE CORPORATION, its successors and/or assigns; Loomis Fargo Corporation; John Does, 1-100, the same being fictitious; ABC Corp. (D.C. Civil No. 98-cv-00858). Jerome Q. Ford, v. Wells Fargo Armored Service Corporation, its successors and/or assigns; Loomis Fargo Corporation; John Does 1-100, the same being fictitious; ABC Corporation, the same being fictitious; individually, jointly, severally, alternatively (D.C. Civil No. 98-cv-02225), Wells Fargo Armored Service Corporation, its successor and/or assigns, Loomis Fargo & Co., John Does 1-100, the same being fictitious, and ABC Corporation, 1-10, the same being fictitious; individually, jointly, severally, alternatively, Appellant.

United States Court of Appeals, Third Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

John J. Gibbons, Esq. (Argued), Kevin McNulty, Esq. Gibbons, Del Deo, Dolan, Griffinger & Vecchione One Riverfront Plaza Newark, New Jersey 07102-5497, Attorneys for Appellant, Wells Fargo Armored Service Corporation.

Howard Sims Esq. (Argued), Santoro and Santoro 304 Maple Avenue P.O. Box 38 South Plainfield, N.J. 07080, Attorney for Appellee, Luis Trabal.

Joseph Charles, Jr. Esq. (Argued), Ashley and Charles 50 Park Place Suite 1400 Newark, N.J. 07102, Attorney for Appellee, Jerome Q. Ford.

Before BECKER, Chief Judge, McKEE, Circuit Judge and POLLAK, District Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

This appeal arises from a diversity action for malicious prosecution that Luis Trabal and Jerome Q. Ford brought against Wells Fargo Armored Service Corporation. The district court denied Wells Fargo's motion for summary judgment and sua sponte granted partial summary judgment to Trabal and Ford based upon the court's conclusion that defendant could not establish probable cause to prosecute Trabal and Ford...

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