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PAULING v. NEWS SYNDICATE COMPANY

No. 301, Docket 28436.

335 F.2d 659 (1964)

Linus PAULING, Plaintiff-Appellant, v. NEWS SYNDICATE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 7, 1964.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, Donner & Piel, New York City (Sanford M. Katz, New York City, of counsel), for plaintiff-appellant.

J. Howard Carter, Townley, Updike, Carter & Rodgers, New York City (Andrew L. Hughes, Anson M. Keller, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge.

Dr. Linus Pauling appeals from a judgment of the District Court for the Southern District of New York dismissing his complaint in an action for libel against the publisher of the New York Daily News after a verdict for the defendant. Federal jurisdiction is founded upon diverse citizenship. The principal claims are (1) error in submission of the defamatory nature of the publication to the jury, (2) the reception of evidence contended to be...

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