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CURTIS PUB. CO. v. FRASER

No. 14279.

209 F.2d 1 (1954)

CURTIS PUB. CO. v. FRASER.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 10, 1954.

Attorney(s) appearing for the Case

Philip H. Strubing, Philadelphia, Pa., Edw. McCarthy, Elliott Adams, Jacksonville, Fla., David R. Dunham, St. Augustine, Fla., Wilbur H. Haines, Jr., Philadelphia, Pa. (Evans, Bayard & Frick, Philadelphia, Pa., McCarthy, Lane & Adams, Jacksonville, Fla., Dunham & Dunham, St. Augustine, Fla., of counsel), for appellant.

Chester Bedell, Jacksonville, Fla., Frank D. Upchurch, St. Augustine, Fla., Thos. B. Dowda, Harold E. Merryday. Palatka, Fla., C. Harris Dittmar, Jacksonville, Fla. (Dowda & Millican, Palatka, Fla., Upchurch, Melton & Upchurch, St. Augustine, Fla., Bedell & Bedell, Jacksonville, Fla., of counsel), for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

HUTCHESON, Chief Judge.

Brought by plaintiff, a resident of St. Augustine, Florida, and operator of certain exhibits there, for which an admission fee is charged, against defendant, Curtis Publishing Company, the publisher of the Saturday Evening Post, and Curtis Circulation Company, the distributor, the suit was for libel.

The claim in general1 was that in an article, the sixty-third in...

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