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BOSWELL v. PHOENIX NEWSPAPERS, INC.

No. 18159-PR.

152 Ariz. 9 (1986)

730 P.2d 186

Steve W. BOSWELL and Jim Mofford, Plaintiffs-Appellants, v. PHOENIX NEWSPAPERS, INC., an Arizona corporation; and Edythe Jensen, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

December 4, 1986.

Attorney(s) appearing for the Case

Marton & Hall by Kraig J. Marton, Phoenix, for plaintiffs-appellants.

Gust, Rosenfeld, Divelbess & Henderson by James F. Henderson, Glen Hallman, Phoenix, for defendants-appellees.

Brown & Bain, P.A. by Paul F. Eckstein, Alan H. Blankenheimer, Phoenix, for amici curiae, Arizona Broadcasters Ass'n, Arizona Newspapers Ass'n, Arizona Press Ass'n, Cox Arizona Publications, New Times and Scottsdale Pub.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Michael J. Meehan, Tucson, for amicus curiae Citizen Pub. Co.

Haralson, Kinerk & Morey, P.C. by D. Dale Haralson, Tucson, and Langerman, Begam, Lewis and Marks by Amy G. Langerman, Phoenix, for amicus curiae Arizona Trial Lawyers Assn.

FELDMAN, Justice.

Steve W. Boswell and Jim Mofford (plaintiffs) brought a defamation action against defendants Phoenix Newspapers, Inc. and Edythe Jensen, its reporter, alleging that defendants had published a story falsely charging plaintiffs with criminal activity. Over objection, the trial judge instructed the jury that if the newspaper had adequately retracted the false statement, plaintiffs could not recover general damages. The jury returned a verdict for defendants...

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