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BALDINE v. SHARON HERALD COMPANY

Civ. A. No. 65-1169.

280 F.Supp. 440 (1966)

Joseph J. BALDINE, Plaintiff v. SHARON HERALD COMPANY, Defendant.

United States District Court W. D. Pennsylvania.

November 11, 1966.

Attorney(s) appearing for the Case

John A. Vuono, Pittsburgh, Pa., Eardley & Wentz, Chardon, Ohio, for plaintiff.

Brockway, Brockway & Kuhn, Sharon, Pa., for defendant.

OPINION

GOURLEY, Chief Judge.

This is a political libel and defamation action arising out of a general election for the office of County Commissioner in a county of the State of Ohio, based on a political advertisement published in a newspaper in the State of Pennsylvania, the afternoon before Election Day.

To sustain a right to recover, actual malice must be found to exist at the time the political advertisement...

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