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NEW YORK TIMES COMPANY v. CONNOR

No. 22362.

365 F.2d 567 (1966)

The NEW YORK TIMES COMPANY, Appellant, v. Eugene CONNOR, Appellee.

United States Court of Appeals Fifth Circuit.

August 4, 1966.

Attorney(s) appearing for the Case

T. Eric Embry, Birmingham, Ala., Thomas F. Daly, New York City, Beddow, Embry & Beddow, Birmingham, Ala., Lord, Day & Lord, New York City, Louis M. Loeb, Ronald S. Diana, Gene R. McHam, New York City, of counsel, for appellant.

James A. Simpson, Crampton Harris, Birmingham, Ala., James E. Simpson, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and LYNNE, District Judge.

THORNBERRY, Circuit Judge:

This case now makes its third appearance before this Court. It originated as a libel action against The New York Times and Mr. Harrison Salisbury, a staff member of The Times, arising out of the publication of Salisbury's article on Alabama racial conditions in the April 12, 1960, issue of The Times. Of the seven separate suits brought by various individuals, the only one to survive to this point is that of Mr. Eugene Connor, one of the...

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