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CROWELL-COLLIER PUB. CO. v. CALDWELL

No. 12446.

170 F.2d 941 (1948)

CROWELL-COLLIER PUB. CO. v. CALDWELL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1949.

Attorney(s) appearing for the Case

Robt. R. Milam, of Jacksonville, Fla., and Chester H. Ferguson, of Tampa, Fla. (Ralph H. Martin, of Jacksonville, Fla., on the brief), for appellant.

John T. Wiggington and Julius F. Parker, both of Tallahassee, Fla., for appellee.

Before HUTCHESON and SIBLEY, Circuit Judges, and UNDERWOOD, District Judge.

HUTCHESON, Circuit Judge.

When this cause was here before1 on Caldwell's appeal from a judgment dismissing his complaint, we held that a case of libel per se was alleged. Saying: "Privilege and want of malice should await final decision on the trial", we sent the cause back for trial on the merits. It is here again, this time on Collier's appeal from a judgment on a verdict for $237,500.00.

Urging upon us that the undisputed evidence...

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