John K. Borg v. Louis A. Boas and the News-Review Publishing Company, Inc., a Corporation, John K. Borg v. The Tribune Publishing Company, a Corporation

231 F.2d 788 John K. BORG, Appellant, v. Louis A. BOAS and The News-Review Publishing Company, Inc., a Corporation, Appellee. John K. BORG, Appellant, v. The TRIBUNE PUBLISHING COMPANY, a Corporation, Appellee. Nos. 14469, 14470. United States Court of Appeals, Ninth Circuit. Jan. 30, 1956. Murray Estes, Moscow, Idaho, J. P. Tonkoff, Tonkoff, Holst & Hopp, Yakima, Wash., for appellant. Maurice H. Greene, Boise, Idaho, V. R. Clements, Reed Clements, Clements & Clements, Lewiston, Idaho, for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 These are appeals from judgments entered on directed verdicts for respective defendants in two actions for libel consolidated for trial in the District Court. The following facts are gleaned from the record. 2 Plaintiff was a Justice of the Peace in Latah County, Idaho. Murray Estes, who is a lawyer and one of the attorneys for plaintiff in the lower court and on this appeal, was accused by complaint with having assaulted one Shoup with a deadly weapon. This charge was dismissed by Borg, the plaintiff, as Justice of the Peace. Subsequently, Murray Estes permitted the dismissal to be set aside,…