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PARKS v. NEW YORK TIMES COMPANY

No. 19112.

308 F.2d 474 (1962)

Frank W. PARKS and John Patterson, Appellants, v. The NEW YORK TIMES COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 19, 1962.

Attorney(s) appearing for the Case

M. Roland Nachman, Jr., Sam Rice Baker, Ralph Smith, Jr., Clinton E. Moore, R. E. Steiner, III, Montgomery, Ala., for appellants, Steiner, Crum & Baker, Calvin M. Whitesell, Montgomery, Ala., of counsel.

T. Eric Embry, Birmingham, Ala., Thomas F. Daly, New York City, Beddow, Embry & Beddow, Birmingham, Ala., Lord, Day & Lord, New York City, for appellee, New York Times Co., Herbert Wechsler, Saul L. Sherman, Ronald S. Diana, New York City, Roderick MacLeod, Birmingham, Ala., of counsel.

Before BROWN and BELL, Circuit Judges, and AINSWORTH, District Judge.

GRIFFIN B. BELL, Circuit Judge.

This appeal is from an interlocutory order of the District Court pursuant to Title 28 U.S.C.A. § 1292(b) denying motions to remand. The opinion of the District Court which accompanied the order is reported in 195 F.Supp. 919 (M.D. Ala., 1961). The separate cases of the two appellants were consolidated for hearing in the District Court and here on appeal.

Appellant Parks sued The New...

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