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KROGER TEXAS LTD. PARTNERSHIP v. SUBERU

No. 03-0913.

216 S.W.3d 788 (2006)

KROGER TEXAS LIMITED PARTNERSHIP and Robert Moody, Petitioners, v. Theresa SUBERU, Respondent.

Supreme Court of Texas.

Decided May 5, 2006.

Rehearing Denied September 22, 2006.

Attorney(s) appearing for the Case

Donna C. Peavler, Uloth & Peavler, LLP, Dallas, Amber L. Slayton, Frisco, for Petitioners.

Thomas J. Stutz, Thomas J. Stutz, P.C., Thomas B. Cowart, Law Office of Windle Turley, P.C., Dallas, for Respondent.

P. Michael Jung, Strasburger & Price, L.L.P., Dallas, for Amicus Curiae Arkoma Basin Exploration Company.

Chief Justice JEFFERSON delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice GREEN, and Justice WILLETT joined.

Theresa Suberu sued Kroger Texas Limited Partnership and assistant store manager Robert Moody (collectively, Kroger) for malicious prosecution and intentional infliction of emotional distress after she was acquitted on misdemeanor theft charges arising from an alleged shoplifting incident...

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