PORTER v. GUAM PUBLICATIONS, INC.

No. 72-1514.

475 F.2d 744 (1973)

Gregory L. PORTER, Appellant, v. GUAM PUBLICATIONS, INC., et al., Appellees.

United States Court of Appeals, Ninth Circuit.

March 15, 1973.


Attorney(s) appearing for the Case

Douglas F. Cushnie (argued), of Arriola, Bohn, Cushnie & Stevens, Agana, Guam, for appellant.

Thomas J. Nolan (argued), Walter S. Ferenz, of Barrett, Ferenz, Bramhall & Klemm, Agana, Guam, for appellees.

Before CHAMBERS, ELY and WALLACE, Circuit Judges.


ELY, Circuit Judge:

This libel action arises out of a newspaper article published by appellees describing appellant's arrest for the theft of a cash box. In factual contrast, the warrantless arrest stemmed from an unsworn and assertedly false complaint that appellant had stolen an automobile. The District Court concluded that the publication was privileged and granted appellees' motion for summary judgment.

To overcome the traditional defense of newspaper...

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