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MILLER v. TRANSAMERICAN PRESS, INC.

No. 78-1206.

621 F.2d 721 (1980)

Murray W. (Dusty) MILLER, Plaintiff-Appellee, v. TRANSAMERICAN PRESS, INC., Transamerican Press of Texas, Inc. and Mike Parkhurst, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Motion to Vacate Orders Denied September 3, 1980.

Attorney(s) appearing for the Case

James M. Schendle, Charles L. Babcock, Dallas, Tex., for defendants-appellants.

George K. Rahdert, Tampa, Fla., Richard M. Schmidt, Jr., Washington D.C., amicus curiae, for The American Society of Newspaper Editors, et al.

Otto B. Mullinax, Dallas, Tex., for plaintiff-appellee.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

In this 28 U.S.C. § 1292(b) interlocutory appeal, we decided whether the plaintiff in a libel suit can compel discovery of the identity of a confidential source of the journalist defendants. We conclude that he can.

Murray W. (Dusty) Miller, Secretary-Treasurer of the International Brotherhood of Teamsters, sued Transamerican Press and Mike Parkhurst for libel. Transamerican Press, a California corporation, published Overdrive...

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