TIME, INC. v. JOHNSTON

Nos. 71-1070, 71-1071.

448 F.2d 378 (1971)

TIME, INC., a New York Corporation, Appellant-Cross-Appellee, v. Neil JOHNSTON, Appellee-Cross-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1971.


Attorney(s) appearing for the Case

Harold R. Medina, Jr., New York City (Egbert L. Haywood, Durham, N. C., W. Dennis Cross, Cravath, Swaine & Moore, New York City, and Haywood, Denny & Miller, Durham, N. C., on the brief) for TIME, Inc.

Roy G. Hall, Jr., and Weston P. Hatfield, Winston-Salem, N. C. (Hatfield, Allman & Hall, Winston-Salem, N. C., on the brief), for Neil Johnston.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

The defendant is the publisher of SPORTS ILLUSTRATED, a weekly periodical devoted to sports and athletics. Annually, it features its selection of "Sportsman of the Year". In 1968, it chose Bill Russell, a star on the professional basketball team of the Boston CELTICS, as its "Sportsman of the Year" and engaged George Plimpton, a well-known writer, especially in the field of sports, to write the feature article. In developing his article...

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