RUTHERFORD v. DOUGHERTY

No. 6365.

91 F.2d 707 (1937)

RUTHERFORD v. DOUGHERTY et al.

Circuit Court of Appeals, Third Circuit.

July 15, 1937.


Attorney(s) appearing for the Case

H. M. McCaughey, of Philadelphia, Pa. (Joseph Wheless, of New York City, of counsel), for appellant.

Daniel C. Donoghue, of Philadelphia, Pa., for appellees Dougherty and another.

Cornelius C. O'Brien, of Philadelphia, Pa., for appellee Clarke.

Before BUFFINGTON and BIGGS, Circuit Judges, and MARIS, District Judge.


BUFFINGTON, Circuit Judge.

In this case it appears the plaintiff was accustomed to talk on Biblical subjects over the radio operated by a large department store. We are not informed what he said, but, whatever it was, its effect on a clergyman of a church in the city was such as led him to write the alleged libelous letter to the department store, which we refrain from giving wider publicity, but in which, referring to the plaintiff, he wrote: "I protest against you...

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