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RUSAKIEWICZ v. LOWE

No. 07-4289.

556 F.3d 1095 (2009)

Ron RUSAKIEWICZ and Paul Spera, Plaintiffs-Appellants, v. John LOWE, David Norris, Sr., Shirley Shaw, John P. Wolfe, and the Veterans of Foreign Wars of the United States, Department of California, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 2009.

Attorney(s) appearing for the Case

Gregory W. Stevens, Attorney at Law, Salt Lake City, UT, for Plaintiffs-Appellants.

David N. Kelly (Rachel G. Terry with him on the brief), Fabian & Clendenin, Salt Lake City, UT, for Defendants-Appellees.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

Ron Rusakiewicz and Paul Spera, the plaintiffs and appellants in this case, are or were members of the Veterans of Foreign Wars of the United States (VFW). They distributed fliers at the 2005 VFW convention in Salt Lake City accusing defendant-appellee John Lowe and other officers of the California Department of the organization of fraud in connection with the organization's membership rolls. Mr. Lowe sued Mr. Rusakiewicz and Mr. Spera for...

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