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SWEENEY v. SCHENECTADY UNION PUB. CO.

No. 350.

122 F.2d 288 (1941)

SWEENEY v. SCHENECTADY UNION PUB. CO.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied August 15, 1941.

Attorney(s) appearing for the Case

DeGraff & Foy, of Albany, N. Y., (John O'Connor and William F. Conway, both of Albany, N. Y., of counsel), for plaintiff-appellant.

Charles G. Fryer, of Schenectady, N. Y., for defendant-appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

Jurisdiction in this suit for the libelous publication by the defendant of the statements concerning the plaintiff which will presently be set forth rests upon diversity; the plaintiff being a resident of Ohio and the defendant a New York corporation. The appeal is from an order dismissing the complaint on motion after the filing of an answer consisting of a general denial; special matter in mitigation of damages; and the truth of the matter...

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