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May 13, 1939

THE CASE OF BRINKLEY VS. FISHBEIN: PROCEEDINGS OF A LIBEL SUIT BASED ON AN ARTICLE PUBLISHED IN HYGEIA

JAMA. 1939;112(19):1952-1968. doi:10.1001/jama.1939.02800190066017

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Abstract

On March 22 in the District Court of the United States for the Western District of Texas began the trial of the case of John R. Brinkley v. Morris Fishbein, based on an article published in Hygeia, entitled "Modern Medical Charlatans." The judge was the Honorable Robert J. McMillan; the attorneys for the plaintiff, Messrs. Morriss & Morriss of San Antonio and Phil Foster of Del Rio; the defendant was represented by Messrs. Loesch, Scofield, Loesch & Burke of Chicago, Brooks, Napier, Brown & Matthews of San Antonio, and Boggess, LaCrosse & Lowrey of Del Rio, Texas.

The case attracted much attention, particularly in Del Rio, the home of Brinkley. The following statement by Millard Cope in the San Angelo (Texas) Standard-Times gives the setting of the stage:

"Inwardly, however, Del Rioans are hoping for a victory for Dr. Brinkley because they have not forgotten what he and his hospital

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