FITZGERALD v. PENTHOUSE INTERN., LTD.

No. 84-1035.

776 F.2d 1236 (1985)

James W. FITZGERALD, Appellant, v. PENTHOUSE INTERNATIONAL, LTD.; Meredith Printing Corporation; Meredith Corporation; Bob Guccione; Steve Chapple and Michael L. Greenwood, United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1985.


Attorney(s) appearing for the Case

Thomas J. Keramidas, New London, Conn. (Michael A. Rakosky, Rakosky, Smith, Miller & Papp, P.C., New London, Conn., James T. Haviland, Howard, Kohn, Sprague & Fitzgerald, Hartford, Conn., on brief), for appellant.

Freddi Lipstein, Washington, D.C., John Philip Miller, Baltimore, Md. (Kaplan, Heyman, Baltimore, Md., Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, U.S. Atty., Baltimore, Md., Barbara L. Herwig, Washington, D.C., Norman Roy Grutman; Miller, Greenspoon, Hendler & Levin, New York City, on brief), for appellees.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

This is an appeal from the dismissal of a libel action on the basis that continued litigation would result in the disclosure of privileged state secrets. James W. Fitzgerald initiated this action following the publication of an allegedly libelous article in Penthouse Magazine. The U.S. Navy moved to intervene on the ground that the government had a national security interest at stake in the trial which could not be adequately protected by the...

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