Legal Opinion · Concurrence

Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a Corporation

Court of Appeals for the Ninth Circuit

Decided January 12, 1955No. 13415Published

1ConcurrencePope, Circuit Judge

I am frank to say that I find nothing in the verdict which required a judgment for the defendant. The questions framed by the court for answer by the jury were designed to ascertain whether the words in the newspaper were spoken of a very large, all-inclusive group of persons, or whether, as Judge YANKWICH puts it, it referred to a group “small enough so that a person reading the article may readily identify the person as one of the group.” Question 1 described a limited group, which the jury, by their answer to Question 2, said numbered from 5 to 10. The jury said the reference was to this…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Coleman v. MacLennanSupreme Court of Kansas · 1908
  3. Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
  4. Snively v. Record Publishing Co.California Supreme Court · 1921
  5. Mounger v. WellsCourt of Appeals for the Fifth Circuit · 1929

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