CAL-THERM INDUSTRIES v. DUN & BRADSTREET


75 F.Supp. 541 (1948)

CAL-THERM INDUSTRIES, Inc., v. DUN & BRADSTREET, Inc.

District Court, S. D. New York.

January 6, 1948.


Attorney(s) appearing for the Case

William W. Lowell, of New York City, for plaintiff.

White & Case, of New York City (Chester Bordeau and Edgar E. Barton both of New York City, of counsel), for defendant.


RYAN, District Judge.

This action is brought to recover for an alleged libel. Plaintiff alleges it was damaged by a financial report issued by defendant. The complaint contains no allegation of special damage. Plaintiff contends that the report is libel per se.

Defendant moves, after answer, for a dismissal of the complaint for insufficiency in law. The Court, however, considers this motion as one for judgment on the pleadings and entertains it under Federal...

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