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VANDENBURG v. NEWSWEEK, INC.

No. 74-1318.

507 F.2d 1024 (1975)

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

United States Court of Appeals, Fifth Circuit.

February 12, 1975.

Attorney(s) appearing for the Case

Francis C. Broaddus, Jr., Williams & Ellington, El Paso, Tex., for plaintiff-appellant-cross-appellee.

Richard Munzinger, Schuyler B. Marshall, El Paso, Tex., Stanley Godofsky, Leo P. Larkin, Jr., New York City, for defendant-appellee-cross-appellant.

Before RIVES, GODBOLD and GEE, Circuit Judges.

GEE, Circuit Judge:

On this diversity libel suit's previous trip to our court, we affirmed denial of Newsweek's motion for summary judgment but cautioned "against attempting to glean from this decision any whisper of what the outcome should be on a motion for directed verdict, on the final verdict, or on a motion for judgment n. o. v." Vandenburg v. Newsweek, Inc., 441 F.2d 378, 380 (5th Cir.), cert. denied, 404 U.S. 864, 92 S.Ct...

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