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BUCKLEY v. NEW YORK TIMES COMPANY

Nos. 20452, 20717, 20851-20853, 20514, 20716.

338 F.2d 470 (1964)

E. Ross BUCKLEY, Appellant, v. The NEW YORK TIMES COMPANY, Appellee. E. Ross BUCKLEY, Appellant, v. The COMMERCIAL APPEAL, Appellee, E. Ross BUCKLEY, Appellant, v. The NEW YORK HERALD TRIBUNE, Appellee. E. Ross BUCKLEY, Appellant, v. The CINCINNATI POST AND TIMES STAR, Appellee. E. Ross BUCKLEY, Appellant, v. The CHARLESTON GAZETTE, Appellee. E. Ross BUCKLEY, Appellant, v. DES MOINES TOWN REGISTER, Appellee. E. Ross BUCKLEY, Appellant, v. The FLORIDA TIMES-UNION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 4, 1964.

Attorney(s) appearing for the Case

Gibson Tucker, Jr., New Orleans, La., Tucker & Schonekas, New Orleans, La., for appellant.

R. Emmett Kerrigan, Thomas F. Daly, Deutsch, Kerrigan & Stiles, New Orleans, La., Lord, Day & Lord, New York City, Armistead F. Clay, Memphis, Tenn., E. Douglas Hamilton, New York City, John F. Novatney, Jr., Rocky River, Ohio, F. Paul Chambers, Charleston, W. Va., Raymond T. Jackson, Cleveland, Ohio, for New York Times Co. and others.

George V. Baus, New Orleans, La., for Des Moines Town Register.

Harold B. Wahl, Jacksonville, Fla., for Florida Times-Union.

Before BROWN and WISDOM, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

These consolidated libel actions for damages are all based on an Associated Press story which stated that the Roman Catholic Archbishop of New Orleans had threatened excommunication by personal letters to Catholics seated on the platform of a militantly segregationist White Citizens Council meeting in New Orleans; that Buckley, then the Republican candidate for Mayor of New Orleans, was on the platform, but denied receiving such a letter....

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