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FITZGERALD v. PENTHOUSE INTERN., LTD.

No. 81-2170.

691 F.2d 666 (1982)

James W. FITZGERALD, Appellant, v. PENTHOUSE INTERNATIONAL, LTD.; Meredith Printing Corporation; Meredith Corporation; Bob Guccione; and Steve Chapple, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1982.

Rehearing Denied November 11, 1982.

Attorney(s) appearing for the Case

William McKamey, Bethesda, Md. (George Seymour Morgan, Bethesda, Md., on brief), for appellant.

Norman Roy Grutman, New York City (Grutman & Schafrann, New York City, William H. Engelman, John Philip Miller, Kaplan, Heyman, Greenberg, Engelman & Belgrad, P. A., Baltimore, Md., on brief), for appellees.

Before BUTZNER, WIDENER and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

This is the second appeal from the district court by the plaintiff, James W. Fitzgerald. The district court's first disposition of this case was a grant of summary judgment in favor of the defendants, Penthouse International, Ltd., Meredith Printing Corp., Meredith Corp., Bob Guccione, and Steve Chapple. We reversed, finding that the publication was capable of defamatory meaning and that there was a genuine question of fact as to the truth of...

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