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SOLOW v. GENERAL MOTORS TRUCK CO.

No. 311.

64 F.2d 105 (1933)

SOLOW v. GENERAL MOTORS TRUCK CO.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

Attorney(s) appearing for the Case

John Thomas Smith, of New York City (Anthony J. Russo, of New York City, of counsel), for appellant.

Sporborg & Connolly, of New York City (Melville Ehrlich, of Port Chester, N. Y., of counsel), for respondent.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

Undoubtedly the letter of the defendant written by Quinn was within the bounds of a limited privilege. White v. Nicholls et al., 3 How. 266, 11 L. Ed. 591; New York & Porto Rico S. S. v. Garcia (C. C. A.) 16 F.2d 734. In order to support this cause of action, it must be proved that the publication of the libelous writing was with express malice. Montgomery Ward & Co...

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