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ETEENPAIN CO-OP. SOC. v. LILLBACK

No. 2075.

18 F.2d 912 (1927)

ETEENPAIN CO-OP. SOC., Inc., v. LILLBACK.

Circuit Court of Appeals, First Circuit.

April 7, 1927.

Attorney(s) appearing for the Case

Marvin M. Taylor, of Worcester, Mass., for plaintiff in error.

J. Alfred Anderson, of Boston, Mass. (Anderson & Anderson, of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action of tort for libel, brought by John F. Lillback, a citizen of Brooklyn, N. Y., against the Eteenpain Co-operative Society, a Massachusetts corporation, the publisher of a newspaper at Worcester, Mass.

The declaration, as originally drawn, contained six counts, but at the trial counts 1, 2, 3, and 4 were waived.

In the fifth count it was alleged:

"Count 5. And the plaintiff says that he is a minister...

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