Heinz Pulvermann v. The A. S. Abell Co., Lawrence Westbrook v. The A. S. Abell Co.

PARKER, Chief Judge.

These are appeals from summary judgments for defendant, the publisher of a newspaper, in actions to recover damages for alleged libel in the publication of a newspaper article. After motions to dismiss the complaints in the two actions had been denied and answers had been filed pleading privilege, fair comment and lack of malice, the facts surrounding the publication of the article were established by failure to deny requests for admission and affidavits were filed showing lack of express malice on the part of the managing editor and his assistant responsible for the…