LAWRENCE v. MOSS

No. 79-1922.

639 F.2d 634 (1981)

G. Andrew LAWRENCE, Appellant, v. Frank E. MOSS, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 13, 1981.


Attorney(s) appearing for the Case

Matthew A. Kane, Washington, D. C. (Kane & Koons and Ronald C. Barker, Washington, D. C., with him on briefs), for appellant.

Donald B. Holbrook, Salt Lake City, Utah (D. Miles Holman and Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, with him on brief), for appellee.

Before SETH, BREITENSTEIN and BARRETT, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this diversity action for defamation and slander, the district court sustained defendant's motion for summary judgment on the grounds that the plaintiff was a public figure, who could recover only on a showing of actual malice, and that the record did not present any question of fact on the existence of actual malice. We reverse and remand for trial.

The case was filed in the United States District Court for the District of...

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