KIRBY v. PITTSBURGH COURIER PUB. CO.

No. 357.

150 F.2d 480 (1945)

KIRBY v. PITTSBURGH COURIER PUB. CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 3, 1945.


Attorney(s) appearing for the Case

Delany & Lewis, of New York City (Vernal J. Williams, of New York City, of counsel), for plaintiff.

Morris Mitchell, of New York City, for defendant.

Before L. HAND, A. N. HAND, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. We see no merit in defendant's contention that it had a privilege if the publication of August 7, 1943 were made in good faith. Whether that publication would have been privileged had it been an attempted interpretation of an official record we need not consider; for, at best, it was based upon a mere conversation between Rowe and a member of the draft board. Moreover, the jury, as it had a right to do, may have disbelieved Buchanan. Since...

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