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SMITH v. McDONALD

No. 89-1401.

895 F.2d 147 (1990)

David I. SMITH, Plaintiff-Appellee, v. Robert McDONALD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1990.

Rehearing and Rehearing Denied Denied February 28, 1990.

Attorney(s) appearing for the Case

William Woodward Webb (Broughton, Wilkins, Webb & Gammon, Raleigh, N.C., on brief), for defendant-appellant.

William Albert Eagles (B.F. Wood, Latham, Wood, Eagles & Hawkins, Graham, N.C., on brief), for plaintiff-appellee.

Before RUSSELL and WIDENER, Circuit Judges, and TURK, Chief District Judge for the Western District of Virginia, sitting by designation.

Rehearing and Rehearing Denied En Banc Denied February 28, 1990.

WIDENER, Circuit Judge:

Robert McDonald appeals from judgment on a jury verdict in a libel case against him which awarded both compensatory and punitive damages. 713 F.Supp. 871. Because we conclude that McDonald's statements were absolutely privileged under the common law of North Carolina, we reverse.

Robert McDonald sent two letters to the President...

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