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Medico v. Time, Inc.

United States Court of Appeals for the Third Circuit
643 F.2d 134 (1981)


Time (defendant) published an article on former Congressman Daniel Flood’s suspected relationship with the mafia in Pennsylvania. The article described FBI reports that stated Flood had given government business to Philip Medico (plaintiff) of Medico Industries and traveled on the Medico company jet, and that Pennsylvania mob boss Bufalino frequently visited the Medico offices and had been recorded by FBI agents as describing Philip Medico as a capo, or chief, in his mafia family. Time moved for summary judgment based on a defense of truth. The district court granted summary judgment, not on the truth defense, but on a finding that the Time article represented a fair and accurate account of the underlying FBI reports, and was therefore protected under the common law privilege applicable to reports on official proceedings. Medico appealed.

Rule of Law


Holding and Reasoning (Adams, J.)

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