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CHAIN v. INTERNATIONAL CITY BANK AND TRUST COMPANY

Civ. A. Nos. 71-1245, 71-1246.

333 F.Supp. 463 (1971)

Bobby L. CHAIN et al., Plaintiffs, v. The INTERNATIONAL CITY BANK AND TRUST COMPANY, a corporation, and Hardy Street, Inc., a Louisiana Corporation, Defendants. Bobby L. CHAIN et al., Plaintiffs, v. The INTERNATIONAL CITY BANK AND TRUST COMPANY, a corporation, et al., Defendants.

United States District Court, E. D. Louisiana, New Orleans Division.

October 12, 1971.

Attorney(s) appearing for the Case

M. M. Roberts, Francis T. Zachary, Hattiesburg, Miss., for plaintiffs.

Dudley W. Conner, Hattiesburg, Miss., Jacob J. Meyer, New Orleans, La., for defendants.

ALVIN B. RUBIN, District Judge:

Count 11 of the amended complaint and counterclaim contains a claim captioned:

"Counterclaim by the Defendants * * * against plaintiffs for damages on the ground of abuse of process and malicious prosecution."

The text of Count 11 recites that the plaintiffs "wilfully, maliciously and with intent to harass, damage, vex and annoy defendants, filed Civil Action No. 2510 on the docket of the United States District Court...

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