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STARKINS v. BATEMAN

No. 1 CA-CIV 7531.

150 Ariz. 537 (1986)

724 P.2d 1206

Dennis R. STARKINS, Plaintiff-Appellee, v. Jerry BATEMAN, Jane Doe Bateman, Henry Alcott and Jane Doe Alcott, and the City of Phoenix, a municipal corporation, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied March 31, 1986.

Review Denied September 9, 1986.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Edward G. Hochuli, Michael W. Foster, Mark D. Zukowski, Phoenix, for defendants-appellants.

Marton & Hall, P.A. by Kraig J. Marton, Phoenix, for plaintiff-appellee.

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from a judgment for the plaintiff in a defamation action. As required by Bose Corp. v. Consumers Union of United States, 466 U.S. 485, 104 S.Ct. 1949, 80 L.Ed.2d 502 (1984), we must examine the entire record and make an independent decision as to whether there is clear and convincing evidence to support a finding of malice. The case also presents questions about evidentiary...

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