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PAGANO v. MARTIN

No. 12234.

397 F.2d 620 (1968)

Robert M. PAGANO, Appellant, v. Samuel A. MARTIN and Howard E. Miniter, Jr., Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 1, 1968.

Attorney(s) appearing for the Case

Robert M. Harcourt, Norfolk, Va., for appellant.

Walter H. Fleischer, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., John C. Eldridge, Atty., Dept. of Justice, and C. Vernon Spratley, Jr., U. S. Atty., on brief), for appellees.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

In this libel action, Robert M. Pagano, a Radarman First Class in the United States Navy, claims damages from his superior officers, Commander Samuel A. Martin and Lieutenant-Commander Howard E. Miniter, Jr., who were respectively the commanding officer and executive officer of the USS Robert A. Owens, the plaintiff's ship. The alleged defamation appears in a Report of Enlisted Performance Evaluation issued on February 2, 1967 by the defendants upon Pagano...

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