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MERRITT-CHAPMAN & SCOTT CORP. v. ELGIN COAL, INC.

Civ. A. No. 6339.

358 F.Supp. 17 (1972)

MERRITT-CHAPMAN & SCOTT CORPORATION v. ELGIN COAL, INC., et al.

United States District Court, E. D. Tennessee, S. D.

August 23, 1972.

Attorney(s) appearing for the Case

Martin S. Stolzoff, Beverly Hills, Cal., Kenneth D. Higgins, Athens, Tenn., Vivienne W. Nearing, Stroock, Stroock & Lavan, New York City, for plaintiff.

Jerome C. Ables, William M. Ables, Jr., South Pittsburg, Tenn., Sizer Chambliss, Chattanooga, Tenn., for defendants.

MEMORANDUM

FRANK W. WILSON, District Judge.

This is an action based upon the following legal theories: (1) malicious prosecution, (2) abuse of civil process, (3) conspiracy to commit fraud and abuse legal process, and (4) violation of an attorney's oath and public duty. The case is presently before the Court upon the motion of defendant for summary judgment. As regards that motion, the following matters appear undisputed in the record. There is presently...

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