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BRINKLEY v. FISHBEIN

No. 9230.

110 F.2d 62 (1940)

BRINKLEY v. FISHBEIN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 1940.

Attorney(s) appearing for the Case

Will A. Morriss and Will A. Morriss, Jr., both of San Antonio, Tex., and Phil B. Foster, of Del Rio, Tex., for appellant.

W. L. Matthews and Clinton G. Brown, both of San Antonio, Tex., Grady Lowrey, of Del Rio, Tex., and Clement L. Harrell, of Chicago, Ill., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

Appellant, John R. Brinkley, brought this suit to recover actual and punitive damages for libel, based upon the publication of an article in Hygeia, a monthly magazine published by the American Medical Association, of which defendant, Morris Fishbein, is the editor and the writer of the article. The article is one of a series being published entitled "Modern Medical Charlatans." Plaintiff declared upon certain excerpts from the publication which...

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