CURTIS PUBLISHING COMPANY v. BUTTS

No. 21491.

351 F.2d 702 (1965)

CURTIS PUBLISHING COMPANY, Appellant, v. Wallace BUTTS, Appellee. Wallace BUTTS, Appellant, v. CURTIS PUBLISHING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 1, 1965.


Attorney(s) appearing for the Case

Welborn B. Cody, Harold E. Abrams, Atlanta, Ga., Philip H. Strubing, Philadelphia, Pa., Emmet J. Bondurant, Thomas E. Joiner, Atlanta, Ga., Kilpatrick, Cody, Rogers, McClatchy & Regenstein, Atlanta, Ga., Pepper, Hamilton & Scheetz, Philadelphia, Pa., of counsel, for appellant.

William H. Schroder, Allen E. Lockerman, Milton A. Carlton, Jr., Robert L. Pennington, Gerald P. Thurmond, T. M. Smith, Jr., Atlanta, Ga., Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., of counsel, for appellant on Cross Appeal.

Before RIVES and BROWN, Circuit Judges, and SPEARS, District Judge.


SPEARS, District Judge:

This is a libel suit. Curtis Publishing Company1 published an article in the March 23, 1963 issue of the Saturday Evening Post2 entitled "The Story of a College Football Fix", characterized by the Post in the sub-title as "A Shocking Report of How Wally Butts and `Bear' Bryant Rigged a Game Last Fall."

On March 25, 1963, Wally Butts,3 former Athletic...

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