Soley v. Star & Herald Co.

390 F.2d 364 (1968)

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Soley v. Star & Herald Co.

United States Court of Appeals for the Fifth Circuit
390 F.2d 364 (1968)

SC

Facts

In a prior action, Benjamin Soley (plaintiff) sued a bus company for negligence. Soley claimed that the bus negligently stopped, causing Soley back pain and impotence. That court ruled in favor of the bus company. Soon after, the Star & Herald Company (the newspaper) (defendant) published an article stating that testimony at this prior trial showed that Soley had been treated for back pains and impotence prior to the occurrence of the alleged negligence. Soley sued the newspaper for libel. The district court granted the newspaper summary judgment. In the order granting summary judgment, the judge stated that he referred to the prior-negligence case but did not provide any additional detail on this reference. Soley appealed.

Rule of Law

Issue

Holding and Reasoning (Goldberg, J.)

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