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STOCKTON NEWSPAPERS, INC. v. SUPERIOR COURT

Docket No. C000029.

206 Cal.App.3d 966 (1988)

254 Cal. Rptr. 389

STOCKTON NEWSPAPERS, INC., Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; WILSON STEWART, Real Party in Interest.

Court of Appeals of California, Third District.

December 20, 1988.

Attorney(s) appearing for the Case

COUNSEL

Cavalero, Bray, Geiger & Rudquist, John B. Rudquist, Crosby, Heafey, Roach & May, Peter W. Davis, John E. Carne and Judith R. Epstein for Petitioner.

No appearance for Respondent.

Babitzke & Meleyco, Kenneth N. Meleyco and Patricia K. Ferguson for Real Party in Interest.

OPINION

BLEASE, Acting P.J.

Must a newspaper be convinced that a charge of official misconduct is true before it may publish conflicting accounts of the charge, free of a claim of libel? We conclude that it need not. We hold that a newspaper is privileged to print a fair report, attributed to a third party, of a claim of official misconduct denied by the official, and is under no duty...

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