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OTEPKA v. NEW YORK TIMES COMPANY

Civ. No. 71-62-T.

379 F.Supp. 541 (1973)

Otto F. OTEPKA v. The NEW YORK TIMES COMPANY, a New York corporation.

United States District Court, D. Maryland.

November 12, 1973.

Attorney(s) appearing for the Case

Joseph I. Huesman and Lerch & Huesman, Baltimore, Md., and Paul G. Kachulis and Kachulis & Copetas, Pittsburgh, Pa., for plaintiff.

Francis D. Murnaghan, Jr., and Douglas D. Connah, Jr., Baltimore, Md., for defendant.

THOMSEN, District Judge.

MEMORANDUM ON MOTION FOR DIRECTED VERDICT

During all material times plaintiff was a public official, and the alleged libel related to his official conduct.

The applicable test of liability, therefore, is the rule stated in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), and in later cases which have applied and...

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