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ENGLAND v. AUTOMATIC CANTEEN CO. OF AMERICA

No. 16011.

349 F.2d 989 (1965)

Thomas E. ENGLAND, Plaintiff-Appellant, v. AUTOMATIC CANTEEN COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 20, 1965.

Attorney(s) appearing for the Case

Lyman Brownfield, Columbus, Ohio, Brownfield, Kosydar, Folk, Yearling & Dilenschneider, Columbus, Ohio, on brief, for appellant.

Earl F. Morris, Columbus, Ohio, Wright, Harlor, Morris, Arnold & Glander, by Rudolph Janta, Jr., Jon M. Anderson, Columbus, Ohio, Friedlund, Levin & Friedlund, by Arthur M. Solomon, Chicago, Ill., on brief, for appellee.

Before PHILLIPS, Circuit Judge, MACHROWICZ, District Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Thomas E. England brought an action in the District Court in Ohio, claiming damages from the Automatic Canteen Company of America for libel, arising out of a statement made by the Company in an annual report to stockholders. It was stipulated between the parties that whether the statement in question was libelous was the "initial determinative issue for determination in this case and could be disposed of primarily to other

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