Friday, June 15, 2007

Judge Rules In Favor Of McAlester Blogger

By James Beaty, Senior Editor, The McAlester News-Capital ~ EUFAULA - A McIntosh County judge has denied a request for a restraining order and a temporary injunction sought against an Internet forum known as the McAlester Watercooler.
The request for a restraining order had been filed by a lawyer representing Steve Covington, who testified during the hearing that he had borrowed money from several sources, including former District 7 state Sen. Gene Stipe, when starting a loan company.
The lawsuit had been filed against Harold King, as well as "John Doe,"numbers 1-50 and "Jane Doe" numbers 1-50 —referring to some individuals who had posted on the Internet forum. Filed on behalf of Covington, doing business as Loan Plus, the suit seeks more than $10,000 in damages, as well more than $10,000 in punitive damages.
King, who identified himself as the owner and operator of the McAlester Watercooler, represented himself during the Thursday afternoon court action.
Covington's attorney, Charles Graham, asked for the injunction and temporary restraining order on the grounds that Covington, doing business as Loan Plus, would suffer irreparable harm unless some postings regarding Covington were removed from the site and prevented from being posted in the future. Covington objected to a posting which told people who had borrowed money from Covington's business that they would not have to repay the loans. His lawyer presented evidence that Covington was licensed to operate the company and that the loan repayments were indeed required.
Associate District Judge Jim Pratt denied the motions for the temporary restraining order, but the lawsuit seeking more than $20,000 in damages against King remains alive.
During cross-examination of Covington, King asked, "Are you financed by a silent partner?"
"I have several banks I borrowed off of and I've also borrowed money from Gene Stipe," Covington said.
The hearing had been set in McIntosh County after Pittsburg and McIntosh County District Judge Thomas Bartheld assigned the case to Pratt.
Covington is expected to figure in the upcoming federal court action in federal court to try and revoke Stipe's probation. Federal investigators have been looking into whether Stipe violated an order from his probation officer issued in 2005 to disassociate with Covington because both had prior felony convictions.
Hat tip to John R. Angier II

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