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LYONS v. GILLILAND

No. 17362.

303 F.2d 452 (1962)

Faye LYONS, Appellant, v. Elsinore C. Machris GILLILAND, also known as Elsinore Machris Gilliland, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 9, 1962.

Attorney(s) appearing for the Case

Welburn, Mayock, and W. S. Mayock, Los Angeles, Cal., for appellant.

Charles W. Wolfe and George R. Larwill, Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and BROWNING, Circuit Judges.

PER CURIAM.

This is an appeal by plaintiff in a diversity action for libel from a judgment based on a jury verdict, holding that the libel charged was untrue, but that its publication was privileged.

The libel charged appellant with acts of adultery committed with appellee's then husband. The words were libelous per se, and their publication admitted in a cross-complaint in a divorce action. Their alleged privilege...

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