PER CURIAM:
The appellant, M. L. Lefler, Jr., brought an action in a state court against the appellee, Charles K. Ruth, seeking damages for libel, basing his claim upon a news release given by Ruth as an Assistant United States Attorney. Ruth removed the case to the Federal court and filed a motion to dismiss and a motion for summary judgment, asserting that the statements made were in an official capacity and protected. The district court so found and granted the...
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