Frank Chavez v. Sears, Roebuck and Company, a New York Corporation, Rolando Garza Zarate v. Sears, Roebuck and Company, a New York Corporation

LEWIS, Chief Judge.

In January 1973, appellants Frank Chavez and Rolando Zarate were arrested by the Oklahoma City police on a report by an investigator for Sears, Roebuck and Company that several sewing machines and cabinets had been illegally removed from Sears loading dock. The criminal charges were eventually dismissed and both Chavez and Zarate filed separate civil actions against Sears in state court, alleging negligence, malicious prosecution, false arrest, and slander. Upon petition by Sears, both cases were removed to the Western District of Oklahoma, where they were consolidated and…