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FRANKLIN PRESCRIPTIONS, INC. v. NEW YORK TIMES CO.

No. 04-3404.

424 F.3d 336 (2005)

FRANKLIN PRESCRIPTIONS, INC., t/a Franklin Drug Center v. NEW YORK TIMES CO., Sandra Coburn, John Doe, Jane Doe, Franklin Prescriptions, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed September 12, 2005.

Attorney(s) appearing for the Case

George A. Bochetto, (Argued), David P. Heim, Bochetto & Lentz, P.C., Philadelphia, Pennsylvania, for Appellant.

Carl A. Solano, (Argued), Schnader Harrison Segal & Lewis LLP, Philadelphia, Pennsylvania, for Appellees.

Before SCIRICA, Chief Judge, ALITO and GARTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

Plaintiff/Appellant Franklin Prescriptions challenges the jury instructions in this defamation action under Pennsylvania law. At issue is whether plaintiff properly objected to the court's jury charge under Federal Rule of Civil Procedure 51, and whether plaintiff was entitled to an instruction on presumed damages and defamation per se. The District Court denied Franklin Prescriptions' motion for a new trial...

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