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QUIGLEY v. HAWTHORNE LUMBER CO.

No. 64 Civ. 1824.

264 F.Supp. 214 (1967)

Thomas R. QUIGLEY, Paul S. Austin, Louis Daniel, Preston Murphy, Arthur G. Swainson, Joseph L. Vaine, and Robert S. Jernigan, Plaintiffs, v. HAWTHORNE LUMBER CO., Inc., et al., Defendants.

United States District Court S. D. New York.

February 2, 1967.

Attorney(s) appearing for the Case

Edward R. Downing, Gabel & Markey, New York City, for plaintiffs.

Dougherty, Ryan, Mahoney & Pellegrino, New York City, for defendants Hawthorne Lumber Co., Inc., Anthony J. Garcia, Ernest B. Fontan, Joseph H. Linden, F. J. Scarano, and Anita I. Garcia.

Bigham, Englar, Jones & Houston, New York City, for defendant Hartford Fire Ins. Co.

Appleton, Rice & Perrin, New York City, for defendant, Barclays Bank, Ltd.

OPINION

MANSFIELD, District Judge.

In June 1964 plaintiffs, the master and crew of a tug, brought this diversity suit for $4,000,000 damages, alleging that in January 1962 they were wrongfully arrested, tried and imprisoned in Honduras as a result of a false affidavit, warrant and complaint instigated by the defendants. Certain defendants now move for summary judgment pursuant to Rule 56, F.R.Civ.P., on the ground that the action is barred by the applicable...

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