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Cheramie v. Associates Discount Corporation

United States Court of Appeals, Fifth Circuit
Jul 1, 1970
428 F.2d 1227 (5th Cir. 1970)

Summary

affirming dismissal of a malicious prosecution claim as premature, as the action complained of was still pending in state courts

Summary of this case from Hoffman v. Bailey

Opinion

No. 29183 Summary Calendar.

July 1, 1970.

Daniel C. Wiemann, New Orleans, La., Cleveland J. Marcel, Houma, La., for appellant.

Paul B. Deal, New Orleans, La., for appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


This is an appeal from the district court's dismissal of a diversity action for malicious prosecution on the ground that it was premature. We affirm.

We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

On March 20, 1968, Associates Discount Corporation filed suit against Dolty J. Cheramie, as guarantor of two promissory notes due and owing to Associates from D.J. Cheramie Towing, Inc. That suit is still pending in the state courts.

On May 2, 1968, Mr. Cheramie died and his wife then instituted the present action for damages in the district court, alleging that her husband's death was caused by the traumatic effect of Associates' suit against him for an amount greatly in excess of the amount owing on the guarantee.

The district court dismissed the action on the ground that a prerequisite under Louisiana law to an action for malicious prosecution is the termination of the allegedly wrongful action in favor of the present plaintiff. Here, the action complained of is still pending in the state courts. We affirm. See Eusant v. Unity Industrial Life Ins. Co., 1940, 195 La. 347, 196 So. 554, 556; Brown Root, Inc. v. Big Rock Corporation, 5 Cir., 1967, 383 F.2d 662, 665.

Affirmed.


Summaries of

Cheramie v. Associates Discount Corporation

United States Court of Appeals, Fifth Circuit
Jul 1, 1970
428 F.2d 1227 (5th Cir. 1970)

affirming dismissal of a malicious prosecution claim as premature, as the action complained of was still pending in state courts

Summary of this case from Hoffman v. Bailey
Case details for

Cheramie v. Associates Discount Corporation

Case Details

Full title:Dolsilia T. CHERAMIE, Plaintiff-Appellant, v. ASSOCIATES DISCOUNT…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 1, 1970

Citations

428 F.2d 1227 (5th Cir. 1970)

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