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GOFORTH v. AVEMCO LIFE INSURANCE CO. OF SILVER SPRING, MD.

Nos. 10094, 10095.

368 F.2d 25 (1966)

James A. GOFORTH, Sr., Appellant, v. AVEMCO LIFE INSURANCE COMPANY OF SILVER SPRING, MARYLAND, Appellee. AMERICAN CROSS PLAN, INC., Appellant, v. AVEMCO LIFE INSURANCE COMPANY OF SILVER SPRING, MARYLAND, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 31, 1966.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., and Harold R. Wilson, Winston-Salem, N. C., for appellants.

Bynum M. Hunter, Greensboro, N. C. (James R. Turner, and Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and MAXWELL, District Judge.

BOREMAN, Circuit Judge:

American Cross Plan, Inc., and James A. Goforth, Sr., a former president and general manager of that corporation, brought actions for libel against Avemco Life Insurance Company ofilver Spring, Maryland (hereinafter "Avemco"). The two actions, presenting issues common to both, were consolidated for trial. Following the plaintiffs' presentation of evidence the court directed a verdict against them on the ground that the communications complained...

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