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STOVER v. JOURNAL PUB. CO.

No. 8503.

731 P.2d 1335 (1985)

105 N.M. 291

Bob STOVER, Plaintiff-Appellee, v. JOURNAL PUBLISHING COMPANY, Albuquerque Publishing Company, and Thompson H. Lang, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Quashed January 28, 1987.

Attorney(s) appearing for the Case

William S. Dixon, Jill E. Adams, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, Nathaniel H. Akerman, Pryor, Cashman, Sherman & Flynn, New York City, for defendants-appellants.

Turner W. Branch, Nancy L. Simmons, Branch, Eaton, Keenan & Watson, A.J. Ferrara, Joseph P. Paone, Albuquerque, for plaintiff-appellee.

OPINION

BIVINS, Judge.

This appeal presents the question whether a publisher loses the protection of the "fair report privilege" when statements reported fairly and accurately in a newspaper article originate from a witness located by the publisher in litigation involving the publisher. The parties appear to agree that this precise question has not heretofore been decided in New Mexico or by any other jurisdiction. Based on our own research, we agree, at...

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