Stevenson v. Pepsico Inc

*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this opinion should not be published and is not precedent except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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30837
Summary Calendar
ANDERSON A. STEVENSON,
Plaintiff-Appellant,
VERSUS
PEPSICO INC., ET AL.,
Defendants,
DELTA BEVERAGE GROUP, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(97-CV-2806-T)
March 16, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Anderson Stevenson filed suit in the 24th Judicial District
Court for the Parish of Jefferson, State of Louisiana, claiming
that Pepsico, Inc. maliciously prosecuted him for his supposed role
in a theft of Pepsico products. Pepsico removed the case to the
United States District Court for the Eastern District of Louisiana;
and Stevenson then joined Delta Beverage, a joint venturer of his
his former employer, as defendant claiming that Delta Beverage also
maliciously prosecuted him. Pepsico filed a motion for summary

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judgment which was granted. The claim against Delta Beverage
proceeded to trial before the district judge without a jury.
Stevenson declined to testify during the trial. The district court
found Stevenson failed to prove that Delta Beverage acted "without
probable cause and with malice." The district judge entered
judgment in favor of defendants and against the plaintiff.
Stevenson appeals.
We have carefully reviewed the briefs, the reply brief, the
record excerpts and relevant portions of the record itself. We are
unable to conclude that the district court was clearly erroneous in
finding that Stevenson failed to prove essential elements of his
claim. The judgment of the district court is
AFFIRMED.

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