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BUFALINO v. ASSOCIATED PRESS

No. 55, Docket 82-7256.

692 F.2d 266 (1982)

Charles J. BUFALINO, Jr., Plaintiff-Appellant, v. The ASSOCIATED PRESS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Thomas A. Rothwell, Washington, D.C. (Randolph J. Seifert, New York City, of counsel), for plaintiff-appellant.

Richard N. Winfield, New York City (Rogers & Wells, Louise Sommers, New York City, of counsel), for defendant-appellee.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Charles J. Bufalino, Jr. appeals from a grant of summary judgment to the Associated Press (AP) in his diversity action for defamation against AP. Judge Werker of the Southern District of New York granted AP summary judgment on both of two independent grounds. First, he held that AP's published statements about Bufalino were not actionable under the "fair report privilege" recognized by Pennsylvania law. Second, after finding that Bufalino was...

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