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VAN BUSKIRK v. CABLE NEWS NETWORK, INC.

No. 00-16616.

284 F.3d 977 (2002)

Robert VAN BUSKIRK, M.D.L., 1257, in re Cable News Network, Plaintiff-Appellant, v. CABLE NEWS NETWORK, INC., Time Inc., and Time Warner Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 20, 2002.

Filed March 20, 2002.

Attorney(s) appearing for the Case

Charles E. Lyons, Charlotte, NC, and Bruce J. Robbins and Elihu H. Berman (argued), Clearwater, FL, for the appellant.

Kevin T. Baine, Nicole K. Seligman, Thomas G. Hentoff, Mary-Rose Papandrea, and Paul Gaffney (argued), Washington, DC, for the appellee.

Before BRIGHT, B. FLETCHER, and FISHER, Circuit Judges.

OPINION

BRIGHT, Circuit Judge.

Appellant Robert Van Buskirk brought an action for defamation against Appellees, Cable News Network (CNN), Time Inc., and Time Warner Inc., based upon a series of television and magazine reports stemming from Operation Tailwind, a 1970 United States military operation conducted in Laos. The district court dismissed the action with prejudice for failure to state a claim upon which relief can be granted. We AFFIRM the district...

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