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ANCORA CORPORATION v. STEIN

Civ. A. No. 4033-66.

310 F.Supp. 838 (1970)

ANCORA CORPORATION, etc., et al., Plaintiffs, v. John E. STEIN, etc., et al., Defendants.

United States District Court, S. D. Alabama, S. D.

February 25, 1970.

Attorney(s) appearing for the Case

Willis C. Darby, Jr., Mobile, Ala., for plaintiffs.

Edwin J. Curran, Jr., Raymond A. Corcoran, Dewitt Reams, T. E. Twitty, Sr., Mobile, Ala., Lester M. Bridgeman, Washington, D. C., Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for defendants.

PITTMAN, District Judge.

The defendants contend their respective counterclaims state a cause of action for "abuse of process" and leave should be given for their filing.

The plaintiff contends that the counter claims do not state a cause of action, it is not alleged the suits have been terminated in the favor of the defendants and are therefore premature.

It is the conclusion of the court that if the defendants have a cause of action, construing the...

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