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EIMANN v. SOLDIER OF FORTUNE MAGAZINE, INC.

No. 88-2499.

880 F.2d 830 (1989)

Marjorie A. EIMANN, Individually, as Next Friend of Gary Wayne Black, and as Representative of the Estate of Sandra Kay Black, Deceased, and Glenn G. Eimann, Plaintiffs-Appellees, v. SOLDIER OF FORTUNE MAGAZINE, INC. and Omega Group, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 17, 1989.

Attorney(s) appearing for the Case

Larry D. Thompson, Lance Olinde, Jr., Houston, Tex., E. Barrett Prettyman, Jr., Hogan & Hartson, William P. Flanagan, John G. Roberts, Jr., David G. Leitch, Washington, D.C., Robert Bruce Miller, Boulder, Colo., for defendants-appellants.

John Roberson, Ronald G. Franklin, Deanna H. Livingston, Houston, Tex., for plaintiffs-appellees.

Phelps, Dunbar, Marks, Claverie & Sims, Luther T. Munford, Jackson, Miss., Jack M. Weiss, New Orleans, Leonard H. Freiman, Falls Church, Va., Anne R. Noble, Baker & Hostetler, Bruce W. Sanford, Washington, D.C., for amicus curiae American Newspaper Publishers Ass'n.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Soldier of Fortune Magazine, Inc. appeals a $9.4 million jury verdict against it in a wrongful death action brought by the son and mother of a murder victim. The jury found that Soldier of Fortune acted with negligence and gross negligence in publishing a personal services classified advertisement through which the victim's husband hired an assassin to kill her. We reverse the judgment entered on the jury's verdict.

I. FACTS...

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