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FIRESTONE v. TIME, INC.

No. 71-1887.

460 F.2d 712 (1972)

Mary Alice FIRESTONE, Plaintiff-Appellee-Cross-Appellant, v. TIME, INC., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1972.

Attorney(s) appearing for the Case

Larry S. Stewart, William S. Frates, Miami, Fla., Harold R. Medina, Jr., New York City, Frates, Floyd, Pearson & Stewart, Miami, Fla., for appellant; W. Dennis Cross, New York City, of counsel.

Joseph D. Farish, Jr., Farish & Farish, West Palm Beach, Fla., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

In this libel action against a publisher of a national magazine, we are called upon again to apply the principles of New York Times Company v. Sullivan1 and its progeny, to determine if the constitutional guarantees of the First and Fourteenth Amendments confer immunity from claims for damages, under the facts and circumstances of the case.

Mary Alice Firestone filed this Florida diversity suit for compensatory...

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