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HATFILL v. NEW YORK TIMES CO.

No. 04-2561.

416 F.3d 320 (2005)

Steven J. HATFILL, Plaintiff-Appellant, v. The NEW YORK TIMES COMPANY, Defendant-Appellee, and Nicholas Kristof, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Wright, Harris, Wiltshire & Grannis, L.L.P., Washington, D.C., for Appellant. David A. Schulz, Levine, Sullivan, Koch & Schulz, L.L.P., New York, New York, for Appellee. ON BRIEF: Thomas G. Connolly, Mark A. Grannis, Harris, Wiltshire & Grannis, L.L.P., Washington, D.C., for Appellant. Jay Ward Brown, Levine, Sullivan, Koch & Schulz, L.L.P., New York, New York; David E. McCraw, The New York Times Company, New York, New York, for Appellee.

Before WILKINS, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges.

Reversed and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Chief Judge WILKINS joined. Judge NIEMEYER wrote a dissenting opinion.

SHEDD, Circuit Judge.

Dr. Steven J. Hatfill sued The New York Times Company ("The Times") and columnist Nicholas Kristof, alleging claims under Virginia law for defamation and intentional infliction of emotional distress. Hatfill's claims arise from The Times' publication of a series of Kristof...

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