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LYONS v. HOWARD

No. 5263.

250 F.2d 912 (1957)

Kenneth T. LYONS et al., Plaintiffs, Appellants, v. W. E. HOWARD, Jr., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided January 13, 1958.

Attorney(s) appearing for the Case

Alfred Sigel, Boston, Mass., with whom Irving Kaplan, Boston, Mass., was on the brief, for appellants.

Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., with whom George Cochran Doub, Asst. Atty. Gen., Bernard Cedarbaum, Atty., Dept. of Justice, Washington, D. C., Anthony Julian, U. S. Atty., and Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

We have before us an appeal by two plaintiffs, citizens of Massachusetts, from a summary judgment for defendant, a citizen of Maryland, under a complaint for libel.

The defendant is Rear Admiral W. E. Howard, Jr., Commander of the Boston Naval Shipyard. It appears that defendant, as commander of the shipyard, had become increasingly irritated by the conduct of a labor organization called Boston Naval Shipyard Post No. 1. The parent national...

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