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BUTTS v. CURTIS PUBLISHING COMPANY

Civ. A. No. 8311.

242 F.Supp. 390 (1964)

Wallace BUTTS, Plaintiff, v. CURTIS PUBLISHING COMPANY, Defendant.

United States District Court N. D. Georgia, Atlanta Division.

April 7, 1964.

Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for plaintiff.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., for defendant.

MORGAN, District Judge.

Defendant, on February 28, 1964, under Rule 60(b) (2), Federal Rules of Civil Procedure, 28 U.S.C.A., filed a motion for a new trial upon the ground of the discovery of new evidence, contending that such evidence conclusively demonstrates the falsity of the testimony of two of the plaintiff's witnesses, Dr. Frank A. Rose and Coach Paul Bryant, and strongly supports the defense of justification. The motion is also based upon alleged conduct...

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