This is a motion by the defendant for summary judgment in an action to recover damages in an action which sounds both in false imprisonment and malicious prosecution.
The facts which spawned this lawsuit are as follows: On October 3, 1959, at about 9:00 P.M. a man entered defendant's liquor store and ordered a bottle of wine. As defendant got the wine and was returning to the counter, he felt a gun in his back. He swung around...
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