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residence at 4717 North 71st Place, Scottsdale,

Arizona; and that, on the night of September 28,

1955, Ray Gilliland did associate with, keep with

him overnight, and did commit adultery with said

Faye Lyons at the Colonial House, Las Vegas, Nev-

ada, where Ray Gilliland and said Faye Lyons were

registered by him as "Ray Gilliland and Family/'

That plaintiff herein was never served in said

divorce proceeding nor did defendant endeavor to

serve said plaintiff nor was plaintiff given an

opportunity to defend her good name in the matter

nor assuage her feelings by being given the oppor-

tunity to defend as required by the Statutes of

the State of California. {Tr. p. 6-7}

Defendant admitted the publication of the

libel but set up the two defenses of "truth" and

"privilege". Rep.Tr. p. 11, 12, 15, 16, 20}

The jury found that the alleged libel was

untrue but that its publication was privileged.

Tr. p. 21}

The judgment for defendant for costs followed.

Tr. p. 22, 23

Statement of the Case

The words used were libelous per se and the

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