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MAHEU v. HUGHES TOOL CO.

Nos. 75-1306, 75-2353.

569 F.2d 459 (1977)

Robert A. MAHEU, Plaintiff-Appellant and Appellee, v. HUGHES TOOL COMPANY, a corporation, now known as Summa Corporation, Defendant-Counterclaimant-Appellant and Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified January 12, 1978.

Attorney(s) appearing for the Case

Morton R. Galane (argued), of Galane, Tingey & Shearing, Las Vegas, Nev., Laurence H. Eldredge (on the brief), San Francisco, Cal., for plaintiff-appellant and appellee.

Norbert A. Schlei and Malcolm E. Wheeler (argued), Hughes Hubbard & Reed, Los Angeles, Cal., Howard M. Jaffe, Davis & Cox, New York, N. Y., Charles Alan Wright, Austin, Texas (of counsel), on the brief, for defendant-counterclaimant-appellant and appellee.

Before DUNIWAY, CHOY and WALLACE, Circuit Judges.

DUNIWAY, Circuit Judge:

This is a diversity action for defamation brought by Robert A. Maheu against Hughes Tool Company, now named Summa Corporation ("Summa"). The defamatory statement was made by Howard Hughes, sole owner of Summa.

I. Preliminary Observations.

As it comes to us, the case is unusual in several respects. First, the record is immense. The Clerk's record of court papers (other than exhibits) consists of thirty-two volumes containing...

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