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BARTIMO v. HORSEMEN'S BENEV. AND PROTECTIVE ASS'N

No. 84-4550.

771 F.2d 894 (1985)

Vincent J. BARTIMO, Plaintiff-Appellant, v. HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, Horsemen's Credit Union, Thomas F. Russell, Jr., and the Racing Journal, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 23, 1985.

Attorney(s) appearing for the Case

Pugh & Pugh, Robert G. Pugh, Jr., Robert G. Pugh, Shreveport, La., for plaintiff-appellant.

Cook, Yancey, King & Galloway, Herschel E. Richard, Jr., John D. Collinsworth, Shreveport, La., for Horsemen's Benev. & Protective Assn.

Broadhurst, Brook, Mangham, Hardy & Reed, Charles R. Minyard, Lafayette, La., for Union, The Racing Journal and Thomas F. Russell, Jr.

Before RANDALL, DAVIS, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

In an action for defamation under Louisiana law the district court in a nonjury trial granted defendant's motion for involuntary dismissal, Fed.R.Civ.P. 41(b), after plaintiff rested, on the ground that plaintiff had failed to show actual malice as required by New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). Bartimo v. Horsemen's Benevolent and Protective...

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