SCHAEFER v. LYNCH

No. 81-C-1409.

483 So.2d 607 (1986)

Roy B. SCHAEFER, Jr. v. Bill LYNCH and the Times Picayune Publishing Corp.

Supreme Court of Louisiana.

February 28, 1986.


For Opinion see: La., 406 So.2d 185.

DENNIS, Justice, concurring.

The plaintiff admitted the lack of falsity in Lynch's article. The defendants' motion for summary judgment should have been granted based on that admission. The other evidence, including the Ross affidavit indicating malice on Lynch's part, is irrelevant. Truth is a threshold inquiry beyond which the trial court and this court should not have gone in a case...

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