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DAVIS v. GLANTON

705 A.2d 879 (1997)

Kenneth E. DAVIS, James S. Ettelson, Alan C. Kessler, Frank Lutz, Joseph M. Manko, Ora R. Pierce, James J. Prendergast, Brian D. Rosenthal, David A. Sonenshein, Howard L. West, Gloria P. Wolek, and Phyllis L. Zemble, Appellees, v. Richard GLANTON, Individually and as a Trustee of the Barnes Foundation, Niara Sudarkasa, Individually and as a Trustee of the Barnes Foundation, Shirley A. Jackson, Individually and as a Trustee of the Barnes Foundation, Charles Frank, Individually and as a Trustee of the Barnes Foundation. Appeal of Kyle York SPENCER and the Philadelphia Inquirer.

Superior Court of Pennsylvania.

Filed December 23, 1997.

Attorney(s) appearing for the Case

Robert C. Heim, Philadelphia, for appellants.

Robert J. Sugarman, Philadelphia, for Glanton and Sudarkasa, appellees.

Larry R. Wood, Jr., Philadelphia, for Davis, Ettelson, Kessler, Lutz, Manko, Pierce, Prendergast, Rosenthal, Sonenshein, West, Wolek and Zemble, appellees.

Before BECK, SAYLOR and MONTEMURO, JJ.

BECK, Judge:

We address the application of the Pennsylvania Shield Law and the qualified privilege of the First Amendment of the United States Constitution to a subpoena issued to a non-party newspaper by plaintiffs in a defamation suit.

The Philadelphia Inquirer and one of its reporters, Kyle York Spencer (collectively, "Inquirer") appeal the trial court order requiring them under a subpoena to turn over certain materials to the plaintiffs, the Commissioners...

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