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WYATT v. KAPLAN

No. 81-2246.

686 F.2d 276 (1982)

Oscar WYATT, Jr., Plaintiff-Appellant, v. Jerome KAPLAN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 20, 1982.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Thomas R. McDade, Houston, Tex., for plaintiff-appellant.

Vinson & Elkins, Charles W. Schwartz, Houston, Tex., for defendants-appellees.

Before WISDOM, POLITZ and TATE, Circuit Judges.

WISDOM, Circuit Judge:

This action is one for conspiracy to commit libel and slander.1 It concerns statements that one of the defendants, Jerome Kaplan, allegedly made to a reporter for The Wall Street Journal regarding a stockholder derivative suit he had filed against the plaintiff, Oscar S. Wyatt, Jr. The district court denied the plaintiff discovery and, in an unpublished memorandum and order, dismissed the action for lack of...

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