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March 23, 1940

Current Comment

JAMA. 1940;114(12):1083. doi:10.1001/jama.1940.02810120055016

FURTHER COMMENTS BY THE COURTS ON BRINKLEY  In the decision rendered by the United States Circuit Court of Appeals in New Orleans by Circuit Judges Foster, Hutcheson and McCord, certain statements were made relative to the practice of John R. Brinkley which deserve repetition. The statement prepared by Circuit Judge Foster begins by pointing out that the defendant pleaded the truth of the statements of fact in the article, that the opinions were based on facts and are reasonable, and that the publication is privileged under the law of Texas. In the appeal Brinkley's attorneys offered thirty-two assignments of error. Concerning these the court said that the evidence of the plaintiff, who was placed on the stand by the defendant, tended to show the truth of the statement of facts complained of. Furthermore, the court stated that it could find no substantial evidence tending to show that the defendant was

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