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OKLAHOMA PUB. CO. v. GIVENS

No. 823.

67 F.2d 62 (1933)

OKLAHOMA PUB. CO. v. GIVENS.

Circuit Court of Appeals, Tenth Circuit.

September 5, 1933.

Attorney(s) appearing for the Case

Frank G. Anderson, of Oklahoma City, Okl. (Herbert M. Peck, Robert M. Rainey, Streeter B. Flynn, and George M. Green, all of Oklahoma City, Okl., and W. S. Hamilton and J. I. Howard, both of Pawhuska, Okl., on the brief), for appellant.

A. B. Campbell, of Pawhuska, Okl. (A. S. Sands, of Pawhuska, Okl., and W. I. Williams and R. L. Davidson, both of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

The appellee, plaintiff in the court below, sued the appellant, defendant in the court below, to recover damages in an action for libel growing out of the publication of an article in the Oklahoma Times published by the appellant in the city of Oklahoma City on March 4, 1932, and by a jury was awarded damages in the sum of $5,000, upon which a judgment was entered. The defendant appeals.

The article in question reads as follows:

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