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SPROUSE v. CLAY COMMUNICATION, INC.

No. 13463.

211 S.E.2d 674 (1975)

James M. SPROUSE v. CLAY COMMUNICATION, INC.

Supreme Court of Appeals of West Virginia.

February 4, 1975.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers, Robert K. Kelly and Charles Q. Gage, Charleston, T. E. Myles, Fayetteville, for appellant.

Gilbert S. Bachmann, Wheeling, Arthur B. Hanson and W. Frank Stickle, Jr., Washington, D. C., amicus curiae for American Newspaper Publishers Assoc.

Rudolph L. DiTrapano, DiTrapano, Mitchell, Lawson & Field, Charleston, Abbot & Jesser, W. Robert Abbot and Fred A. Jesser, III, Fayetteville, for appellee.

Stanley E. Preiser, Charleston, Robert T. Goldenberg, Parkersburg, amicus curiae for W. Va. Trial Lawyers.

NEELY, Justice:

In the fall of 1968 James M. Sprouse was a practicing attorney in Charleston, West Virginia, and the Democratic Party candidate for Governor of the State of West Virginia. Approximately two weeks before the November election the Charleston Daily Mail published a series of articles implying that James M. Sprouse had engaged in real estate transactions in Pendleton County, West Virginia, of such a nature...

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