UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 98-60212
Summary Calendar
KELL S. LYON, JR,
Plaintiff-Appellant-Cross-Appellee,
VERSUS
FRED’S INC doing business as Fred’s, ET AL,
Defendants,
FRED’S STORES OF TENNESSEE INC.,
Defendant-Appellee-Cross-Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
(2:96-CV-141-B-B)
March 1, 1999
Before DAVIS, DUHÉ and PARKER, Circuit Judges.
PER CURIAM:1
We have conducted a de novo review of the record, and the law,
and have carefully considered the written argument of counsel.
This study convinces us that the district court was correct in
concluding that, as a matter of law, probable cause did exist for
an objectively reasonable person to believe that Plaintiff had
1
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
shoplifted an item of merchandise from the store, and that the
bringing of the charge was without malice. Accordingly, we affirm
the grant of Judgment As A Matter of Law to Defendant. Having so
concluded, we dismiss the Appellee’s cross-appeal as moot.
AFFIRMED, CROSS-APPEAL DISMISSED AS MOOT.
2