FITZGERALD v. MINNESOTA CHIROPRACTIC ASS'N

Nos. 48959, 49114.

294 N.W.2d 269 (1980)

Robert E. FITZGERALD, Appellant, v. MINNESOTA CHIROPRACTIC ASSOCIATION, INC., Respondent, Clark C. Nichols, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied July 17, 1980.


Attorney(s) appearing for the Case

Larkin, Hoffman, Daly & Lindgren and Joseph W. Anthony, Minneapolis, for appellant.

Hall & Sausen and Clinton J. Hall, Forest Lake, Gislason & Martin and James T. Martin, Edina, for respondent.

Considered and decided by the court en banc without oral argument.


KELLY, Justice.

In this libel action the trial court granted defendant's motion for dismissal at the close of plaintiff's evidence, holding that he had not presented sufficient evidence of actual malice to submit the issue to the jury. We agree with that analysis and accordingly affirm.

Plaintiff, a widely known amateur speed skater and winner of many awards including an Olympic medal in 1948, graduated from chiropractic college in 1950 and was then licensed...

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