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MEDINA v. TIME, INC.

No. 7773.

439 F.2d 1129 (1971)

Ernest L. MEDINA, Plaintiff, Appellant, v. TIME, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 23, 1971.

Attorney(s) appearing for the Case

Gerald Alch, Boston, Mass., with whom F. Lee Bailey, Boston, Mass., was on brief, for plaintiff, appellant.

Robert W. Meserve, Boston, Mass., with whom Gordon L. Doerfer, Nutter, McClennen & Fish, Boston, Mass., Harold R. Medina, Jr., and Cravath, Swaine & Moore, New York City, were on brief, for defendant, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This appeal from the granting of defendant's motion for summary judgment raises a very narrow issue for our consideration: was there any genuine issue of material fact that defendant, Time Magazine, in publishing statements of others concerning plaintiff's participation in the My Lai tragedy and commenting thereupon, asserted the truth of facts contained in the statements? The district court answered this question...

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