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McKINNEY v. GANNETT CO., INC.

Nos. 81-2156, 81-2180 and 81-2181.

694 F.2d 1240 (1982)

Robert M. McKINNEY, Plaintiff-Appellant, Cross-Appellee, v. GANNETT CO., INC., and The New Mexican, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 28, 1983.

Attorney(s) appearing for the Case

Victor R. Marshall, Albuquerque, N.M. (William A. Sloan and Edward Ricco, Albuquerque, N.M., with him on the brief), of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., for plaintiff-appellant.

Jerry Wertheim, Santa Fe, N.M. (Steven L. Tucker and H.R. Quintero, Santa Fe, N.M., with him on the brief), of Jones, Gallegos, Snead & Wertheim, Santa Fe, N.M., for defendant-appellee The New Mexican, Inc.

John B. McCrory, Rochester, N.Y. (William S. Brandt, Rochester, N.Y., with him on the brief) of Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., and Ortega & Snead, Albuquerque, N.M., for defendant-appellee Gannett Co., Inc.

Before BARRETT, BREITENSTEIN and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

These consolidated appeals arise from a fourteen week jury trial, related post-trial hearings, and judgment ordering a rescission and accounting. The record is voluminous.1 The facts will be developed only insofar as is necessary for our disposition on appeal.

In 1974 Robert M. McKinney (McKinney) was the owner of The New Mexican, Inc. (The New Mexican), a New Mexico corporation which publishes The New...

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