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McCOWN v. BOONE

No. 9033.

154 F.2d 19 (1946)

McCOWN v. BOONE.

United States Court of Appeals District of Columbia.

Decided March 11, 1946.

Attorney(s) appearing for the Case

Mr. Louis M. Denit, of Washington, D. C., with whom Mr. A. Leckie Cox, of Washington, D. C., was on the brief, for appellant. Mr. Thomas S. Jackson, of Washington, D. C., also entered an appearance for appellant.

Mr. Thomas H. Patterson, of Washington, D. C., with whom Mr. Richard E. Wellford, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Associate Justices.

EDGERTON, Associate Justice.

This is an appeal by the defendant from a judgment for the plaintiff in an action for libel. Appellee was an officer in the Army of the United States. The libel was a charge of perjury, which appellant made in a letter to the Adjutant General. At the trial in the District Court appellant introduced evidence that the charge was true. But there was also evidence to the contrary, and we think the court was right in refusing to direct a verdict...

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