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SPANEL v. PEGLER

No. 127, Docket 20812.

166 F.2d 298 (1948)

SPANEL et al. v. PEGLER et al.

Circuit Court of Appeals, Second Circuit.

February 25, 1948.

Attorney(s) appearing for the Case

Oscar Cox, of New York City (E. G. Stoddard and Lloyd N. Cutler, both of New York City, and Charles C. Glover III, of Washington, D. C., of counsel), for plaintiffs-appellants.

McCauley & Henry, of New York City (Charles Henry, of New York City, of counsel), for defendants-appellees.

Before AUGUSTUS N. HAND, CLARK and WOODBURY, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment dismissing the amended complaint in an action brought by the plaintiffs to recover damages because of libellous article written by Westbrook Pegler and published by Hearst Consolidated Publications, Inc., in its newspaper the New York Journal American. The amended complaint was dismissed by the District Court on the ground that it failed to state a claim against the defendants on which relief could be granted. The judge...

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