Brinkley v. Fishbein

FOSTER, Circuit Judge.

Appellant, John R. Brinkley, brought this suit to recover actual and punitive damages for libel, based upon the publication of an article in Hygeia, a monthly magazine published by the American Medical Association, of which defendant, Morris Fishbein, is the editor and the writer of the article. The article is one of a series being published entitled “Modern Medical Charlatans.” Plaintiff declared upon certain excerpts from the publication which are as follows:

“Modern Medical Charlatans — John R. Brinkley.

“In John R. Brinkley, quackery reaches its apotheosis. He…