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E. I. DU PONT DE NEMOURS & CO. v. NASHVILLE BANNER PUB. CO.

No. 4452.

12 F.2d 231 (1926)

E. I. DU PONT DE NEMOURS & CO. v. NASHVILLE BANNER PUB. CO.

Circuit Court of Appeals, Sixth Circuit.

April 17, 1926.

Attorney(s) appearing for the Case

W. S. Gregg, of Wilmington, Del., and Thos. J. Tyne, of Nashville, Tenn. (J. M. Peebles, Douglas Henry, and Thos. J. Tyne, Jr., all of Nashville, Tenn., on the brief), for plaintiff in error.

Edwin A. Price, of Nashville, Tenn. (Thos. W. Schlater, Jr., of Nashville, Tenn., on the brief), for defendant in error.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.

MACK, Circuit Judge.

The District Court sustained the demurrer of a Tennessee corporation to a declaration in libel filed by a Delaware corporation, on three out of six specified grounds, to wit: (1) That the declaration did not state a cause of action; (2) that the publication complained of was not libelous per se, and therefore not actionable without the averment of special damages; and (3) that the publication complained of was with reference to a special contract...

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