POTTS v. DIES

No. 8229.

132 F.2d 734 (1942)

POTTS v. DIES.

United States Court of Appeals for the District of Columbia.

Decided December 29, 1942.


Attorney(s) appearing for the Case

Miss Dolores Murray, of Washington, D. C., and Mr. J. S. Potts pro hac vice by special leave of Court, for appellant.

Mr. Robert E. Lynch and Miss Anna Shapiro, both of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.


EDGERTON, Associate Justice.

Appellant Potts sued appellee Dies for libel. The complaint states that appellant owns Southern Progress Publishing Company and publishes a magazine of general circulation called Southern Progress. It states that on October 22, 1940 [when the United States was not at war], in a publication called "The Trojan Horse in America," appellee used this language:

"We have examined some of the criteria by which the Communist Trojan Horse...

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