How has the court interpreted the opinion of the Court of Appeal in deciding whether a retraction was published as conspicuously as a defamatory statement?

The court then examined its own opinion in Behrendt v. Times-Mirror Co. (1938) 30 Cal.App.2d 77, 87-89, 85 P.2d 949. In that case the trial court had instructed the jury to determine whether a retraction was published as conspicuously as the defamatory statements, and on appeal the newspaper argued that the jury should have received different instructions. The Second District affirmed, "reasoning that because there was evidence the retractions were not printed in the same locations or under the same kinds of headlines as the libelous

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