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O'BRIEN v. WESTERN UNION TELEGRAPH CO.

No. 3555.

113 F.2d 539 (1940)

O'BRIEN v. WESTERN UNION TELEGRAPH CO.

Circuit Court of Appeals, First Circuit.

July 18, 1940.

Attorney(s) appearing for the Case

Maurice Caro, of Boston, Mass. (J. Edward Keefe, Jr., of Boston, Mass., on the brief), for appellant.

Arthur P. Hardy and Hardy, Hall & Iddings, all of Boston, Mass. (Francis R. Stark, of New York City, on the brief), for appellee.

Before MAGRUDER, and MAHONEY, Circuit Judges, and SWEENEY, District Judge.

MAGRUDER, Circuit Judge.

This is an action of tort for libel, begun in the Superior Court for Suffolk County, Massachusetts, and later removed to the federal court. The jury returned a verdict for defendant, and the plaintiff appeals from the judgment entered thereon.

From the uncontradicted evidence the following facts appear: In 1936 the plaintiff Thomas C. O'Brien "at the advice of Father Coughlin" became a candidate for the offices of United States Senator...

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