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JANKLOW v. VIKING PRESS

No. 16778.

459 N.W.2d 415 (1990)

William JANKLOW, Plaintiff and Appellant, v. The VIKING PRESS and Peter Matthiessen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Ecklund & Davis, Gregory, Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellant.

Lawrence L. Piersol and Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Peter Matthiessen.

Martin Garbus of Frankfurt, Garbus, Klein & Selz, P.C., New York City, Gerald L. Reade of Brady, Reade & Johnson, Yankton, for defendant and appellee The Viking Press.

DOBBERPUHL, Circuit Judge.

This is an appeal of a summary judgment against the plaintiff, William Janklow (Janklow), in favor of the defendants, Peter Matthiessen (Matthiessen) and Viking Press (Viking). The underlying action is based on libel. Janklow claims that Matthiessen, as the author, and Viking, as the publisher, included libelous statements within the book In the Spirit of Crazy Horse. We affirm.

PROCEDURAL HISTORY

In May 1983 Janklow...

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