VANDENBURG v. NEWSWEEK, INC.

No. 29451.

441 F.2d 378 (1971)

Wayne VANDENBURG, Plaintiff-Appellee, v. NEWSWEEK, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1971.


Attorney(s) appearing for the Case

Schuyler B. Marshall, Richard Munzinger, Scott, Hulse, Marshall & Feuille, El Paso, Tex., Leo P. Larkin, Jr., Stanley Godofsky, Royall, Koegel & Wells, New York City, for defendant-appellant.

Francis C. Broaddus, Jr., Bert Williams, Mayfield, Broaddus & Perrenot, El Paso, Tex., for plaintiff-appellee.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.


PER CURIAM:

Newsweek, Inc., the defendant in this libel suit, takes this interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) from a judgment of the district court denying its motion for summary judgment. We affirm and remand the case for trial.

The alleged libel resulted from an article, "The Angry Black Athlete," which was published as the cover story for Newsweek's July 15, 1968 issue. The article related generally to the effect of the so-called...

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