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ROSENFELD v. CURTIS PUB. CO.

No. 251, Docket 20576.

163 F.2d 660 (1947)

ROSENFELD v. CURTIS PUB. CO.

Circuit Court of Appeals, Second Circuit.

July 9, 1947.

Attorney(s) appearing for the Case

Mortimer Hays, of New York City (Hays, Podell & Shulman and Mortimer Feuer, all of New York City, on the brief), for plaintiff-appellant.

Wm. Dwight Whitney, of New York City (Cravath, Swaine & Moore, George S. Collins, and Ralph L. McAfee, all of New York City, on the brief), for defendant-appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal is from a judgment entered on a verdict for defendant in an action for libel. Plaintiff seeks reversal principally on two grounds: (1) error in the charge on burden of proof, and (2) failure to dismiss two defenses of consent on plaintiff's motion before trial, renewed at the trial.

The allegedly libelous material appeared in the July 1, 1944, edition of defendant's magazine, The Saturday Evening Post. It was contained in...

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