LEFLER v. RUTH

No. 24399.

386 F.2d 934 (1967)

M. L. LEFLER, Jr., Appellant, v. Charles K. RUTH, Appellee.

United States Court of Appeals Fifth Circuit.

December 13, 1967.


Attorney(s) appearing for the Case

W. G. Walley, Jr., Ernest L. Sample, Beaumont, Tex., for appellant.

Earl W. Tews, Asst. U. S. Atty., Tyler, Tex., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., Carl Eardley, Acting Asst. Atty. Gen., William Wayne Justice, U. S. Atty., Morton Hollander, Nancy A. Wynstra, Attorneys, Department of Justice, Washington, D. C., for appellee.

Before JONES, WISDOM and THORNBERRY, Circuit Judges.


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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