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GOLDWATER v. GINZBURG

Nos. 496-499, Dockets 32804-32807.

414 F.2d 324 (1969)

Barry M. GOLDWATER, Plaintiff-Appellee, v. Ralph GINZBURG, Defendant-Appellant, Warren Boroson, Defendant, and Fact Magazine, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 18, 1969.

Attorney(s) appearing for the Case

Roger Robb, Robb, Porter, Kistler & Parkinson, Washington, D. C., Louis H. Powell, Peter G. Corbett, Regan, Goldfarb, Powell & Quinn, New York City, for appellee.

Harold E. Kohn, David H. Marion, Louis E. Levinthal, Philadelphia, Pa., Stanley S. Arkin, New York City, Helen H. Stern, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., Harris B. Steinberg, New York City, for appellants.

Before WATERMAN, SMITH and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

This is a libel action brought by Senator Barry M. Goldwater against Ralph Ginzburg, Warren Boroson, and Fact Magazine, Inc. The action, a diversity action, was commenced in the Southern District of New York and is based upon the publication of the September-October 1964 issue of a magazine called Fact, an issue which was heralded as "The Unconscious of a Conservative: A Special Issue on the Mind of Barry Goldwater." The appellant Ginzburg...

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