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LYON FURNITURE MERCANTILE AGENCY v. CARRIER

No. 15778.

259 F.2d 106 (1958)

LYON FURNITURE MERCANTILE AGENCY, Appellant, v. Irene M. CARRIER, doing business as Wishmaker House, Appellee.

United States Court of Appeals Ninth Circuit.

September 17, 1958.

Attorney(s) appearing for the Case

Samuel A. Miller, Catlin & Catlin, Los Angeles, Cal., Meyer Lindenbaum, New York City, for appellant.

David G. Licht, Beverly Hills, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and CLARK, District Judge.

HAMLEY, Circuit Judge.

Irene M. Carrier, doing business as Wishmaker House, at Phoenix, Arizona, brought this libel action to recover actual damages in the sum of $25,000, and punitive damages in the sum of $50,000. Defendant Lyon Furniture Mercantile Agency (Lyon) entered a general denial, and offered the affirmative defense that the communications in question were qualifiedly privileged. After a trial without a jury, judgment was entered for the plaintiff in the...

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