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GEORGE v. LEONARD

Civ. A. 1445.

84 F.Supp. 205 (1949)

GEORGE v. LEONARD et al.

United States District Court E. D. South Carolina, Columbia Division.

May 17, 1949.

Attorney(s) appearing for the Case

Wise, Whaley & McCutchen, Columbia, S. C., R. K. Wise, Columbia, S. C., Thomas B. Whaley, Columbia, S. C., Thomas E. McCutchen, Columbia, S. C., for plaintiff.

Robinson & Robinson, Columbia, S. C., D. W. Robinson, Columbia, S. C., James F. Dreher, Columbia, S. C., C. T. Graydon, Columbia, S. C., John K. de Loach, Camden, S. C., for defendants.

TIMMERMAN, District Judge.

This action is one for malicious prosecution. It was combined for trial with a companion case between the same parties, No. 1444, which was an action for malicious abuse of a criminal process. They were combined for trial by consent although they rest upon different factual bases and are controlled by different legal principles. They were combined for trial because (1) the parties were the same in each case, (2) the principal witnesses were...

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