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GAINES v. CUNA MUT. INS. SOC.

No. 81-2223 Summary Calendar.

681 F.2d 982 (1982)

Frank J. GAINES, Plaintiff-Appellant, v. CUNA MUTUAL INSURANCE SOCIETY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 1982.

Attorney(s) appearing for the Case

Fred S. Abney, Dallas, Tex., for plaintiff-appellant.

M. Leigh Bartlett, Gerald R. Powell, Dallas, Tex., for defendant-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

At the conclusion of the plaintiff's case in this action for defamation and violation of the Texas Insurance Code1 and the Texas Deceptive Trade Practices and Consumer Protection Act2 the trial judge directed a verdict for the defendant because the communication alleged to be defamatory was, as a matter of law, privileged, there was no evidence of malice, and the provisions of...

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