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HOGAN v. NEW YORK TIMES COMPANY

No. 169, Docket 27768.

313 F.2d 354 (1963)

Lawrence HOGAN and Thomas Maloney, Plaintiffs-Appellees, v. NEW YORK TIMES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 8, 1963.

Attorney(s) appearing for the Case

Frank E. Callahan, of Wiggin & Dana, New Haven, Conn. (S. Robert Jelley, of Wiggin & Dana, New Haven, Conn., on the brief), for defendant-appellant.

Donald F. Zezima, of Macrides, Zezima & Schwartz, Stamford, Conn. (Ronald M. Schwartz and Gerald J. Sullivan, of Macrides, Zezima & Schwartz, Stamford, Conn., on the brief), for plaintiffs-appellees.

Before CLARK, KAUFMAN, and HAYS, Circuit Judges.

CLARK, Circuit Judge.

On October 3, 1958, the Stamford Advocate, a Connecticut afternoon paper with a local circulation of about 25,000, reported a dice game raid which the Stamford police had made in the early morning hours of that day. Borrowing a flower company's truck to avoid suspicion, the police advanced to the scene and picked up about 10 players. At this point, according to the article, the decoy became a bane rather than a boon, for as the captives were...

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