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BURTON v. CROWELL PUB. CO.

No. 258.

82 F.2d 154 (1936)

BURTON v. CROWELL PUB. CO.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Joseph R. Truesdale, of New York City (Parker Bailey and Murray C. Bernays, both of New York City, of counsel), for appellant.

White & Case, of New York City (David Paine and Thomas Kiernan, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This appeal arises upon a judgment dismissing a complaint for libel upon the pleadings. The complaint alleged that the defendant had published an advertisement — annexed and incorporated by reference — made up of text and photographs; that one of the photographs was "susceptible of being regarded as representing plaintiff as guilty of indecent exposure and as being a person physically deformed and mentally perverted"; that some...

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