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FOLTZ v. MOORE McCORMACK LINES

No. 200, Docket 21930.

189 F.2d 537 (1951)

FOLTZ v. MOORE McCORMACK LINES, Inc.

United States Court of Appeals Second Circuit.

Decided May 28, 1951.

Attorney(s) appearing for the Case

Cuddihy & Von der Lieth, New York City, John J. Von der Lieth, New York City, for plaintiff-appellant.

Newell A. Clapp, Acting Asst. Atty. Gen.

Irving H. Saypol, U. S. Atty., New York City, Leavenworth Colby, Special Asst. to the Atty. Gen., Benjamin H. Berman, New York City, for Department of Justice.

Before SWAN, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

Invoking the diversity jurisdiction of the court, the appellant sued the appellee for maliciously giving to the Federal Bureau of Investigation false, derogatory statements of and about him which caused the loss to him of a federal office to which he had been appointed. He has appealed from an order dismissing his amended complaint on motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for failure to state a...

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