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MARTENEY v. UNITED PRESS ASSOCIATION

No. 5084.

224 F.2d 714 (1955)

Wayne S. MARTENEY, Appellant, v. UNITED PRESS ASSOCIATION, Appellee.

United States Court of Appeals Tenth Circuit.

July 21, 1955.

Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan. (Roetzel Jochems, Wichita, Kan., on the brief), for appellant.

Wayne Coulson, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, and Robert J. Hill, Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

Marteney brought this action against the United Press Association to recover damages for alleged libel.

On February 25, 1952, the United Press sent out the following news dispatch to Kansas and Colorado papers and the St. Louis-Houston newspaper circuit:

"Topeka, Kan., Feb. 25. — (UP) — Attorney General Harold Fatzer said today Wayne Marteney, President of a Garden City, Kan., grain company now in bankruptcy, has...

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