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HENDERSON v. CONSOLIDATED MERCHANDISING CORPORATION

Civ. A. No. 11264.

286 F.Supp. 697 (1968)

Walter B. HENDERSON v. CONSOLIDATED MERCHANDISING CORPORATION, a foreign corporation.

United States District Court N. D. Georgia, Atlanta Division.

January 19, 1968.

Attorney(s) appearing for the Case

Henritze, Baker & Bailey, Atlanta, Ga., for plaintiff.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., for defendant.

ORDER

EDENFIELD, District Judge.

In this diversity action for malicious prosecution, the defendant has moved to dismiss on the ground that the action is barred by the doctrine of res judicata.

Some time in 1966 a substantially identical action was commenced in the District Court for the Middle District of Florida, Tampa Division. Both the parties and the cause of action were the same. By order of that Court entered July 7, 1967 (as modified on October...

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