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CHAVEZ v. KELLY

No. 8293.

364 F.2d 113 (1966)

Joe N. CHAVEZ, Mary Alice Chavez, his wife, Floyd Bachmann and Gertrude Bachmann, his wife, Appellants, v. John L. KELLY, Jr., Appellee.

United States Court of Appeals Tenth Circuit.

July 13, 1966.

Attorney(s) appearing for the Case

Courtney Vallentine, Albuquerque, N. M., for appellants.

Florence Wagman Roisman (David L. Rose, Washington, D. C., John Quinn and John W. Douglas, Washington, D. C., with her on brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a summary judgment denying recovery of compensatory and punitive damages for alleged slander by federal officer John L. Kelly, Jr.,1 on the grounds that the statements were absolutely privileged. The case was properly removed to the federal district court under the provisions of 28 U.S.C. § 1442(a) (1).

The amended complaint alleged that in November of 1964 defendant Gilmore falsely...

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