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DE SAVITSCH v. PATTERSON.

No. 9136.

159 F.2d 15 (1946)

DE SAVITSCH v. PATTERSON.

United States Court of Appeals District of Columbia.

Decided December 16, 1946.

Attorney(s) appearing for the Case

Mr. Austin F. Canfield, of Washington, D. C., with whom Messrs. William T. Hannan and Irving Wilner, both of Washington, D. C., were on the brief, for appellant.

Mr. Rudolph H. Yeatman, of Washington, D. C., with whom Messrs. William Stanley, J. Edward Burrough, Jr., and Carl McFarland, all of Washington, D. C., were on the brief, for appellee. Mr. Homer Cummings, of Washington, D. C., also entered an appearance for appellee.

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

CLARK, Associate Justice.

Reviewing the complaint in the light of the defenses, affidavits and exhibits before the trial court, it is our opinion that the plaintiff made out a case requiring a trial on the merits. There are, we think, very real and genuine questions of fact raised which ought not to have been disposed of, as they were, by summary judgment.

The actionable nature of the publications is, we think, apparent...

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