HAMMER v. SLATER

No. 93-8917.

20 F.3d 1137 (1994)

Jack T. HAMMER, Plaintiff-Appellant, v. Edward L. SLATER, Loretta Slater, Defendants, Herbert Jaffess, Renee Jaffess, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 18, 1994.


Attorney(s) appearing for the Case

David H. Flint, James Christopher Desmond, Schreeder, Wheeler & Flint, Atlanta, GA, for plaintiff-appellant.

Joseph William Watkins, Debra Egger LeVorse, Long, Weinberg, Ansley & Wheeler, Atlanta, GA, for defendants-appellees.

Before ANDERSON and BIRCH, Circuit Judges, and ATKINS, Senior District Judge.


BIRCH, Circuit Judge:

The plaintiff-appellant, Jack Hammer, appeals the district court's grant of summary judgment to the defendant-appellees, Herbert and Renee Jaffess, in this diversity action for libel and intentional infliction of emotional distress. Because we find that there was a genuine issue of material fact as to the Jaffesses' actual malice with respect to the libel claim, we reverse in part and remand for further proceedings. We affirm the court's grant...

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