STREET & SMITH PUBLICATIONS v. SPIKES

No. 9691.

120 F.2d 895 (1941)

STREET & SMITH PUBLICATIONS, Inc., v. SPIKES.

Circuit Court of Appeals, Fifth Circuit.

June 12, 1941.


Attorney(s) appearing for the Case

Neil P. Cullom, of New York City, and J. I. Kilpatrick and E. L. Klett, both of Lubbock, Tex., for appellant.

G. E. Lockhart and Franklin D. Brown, both of Lubbock, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit, brought by plaintiff, a citizen of Texas, against defendant, a foreign corporation, organized under the laws of New York, and without permit to do business in Texas, was for libel. The alleged defamatory article was made and published by defendant in Western Story Magazine, a magazine printed in Chicago, Illinois, and sold and distributed in Texas under the usual magazine dealers contract.

Summons to defendant by service...

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