DYER v. MacDOUGALL

No. 17, Docket 22357.

201 F.2d 265 (1952)

DYER v. MacDOUGALL et al.

United States Court of Appeals Second Circuit.

Decided December 31, 1952.


Attorney(s) appearing for the Case

J. Raymond Dyer, pro se.

Charles H. Tuttle, Breed, Abbott & Morgan, New York City, Lloyd V. Almirall, Stuart H. Johnson, Jr., New York City, of counsel, for appellees.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This case comes up on appeal by the plaintiff from a judgment summarily dismissing the third and fourth counts of a complaint for libel and slander. Two questions arise: (1), whether we have jurisdiction over the appeal; (2), whether the defendants showed that there was no "genuine issue" to try within the meaning of Rule 56(c) Fed.Rules Civ.Proc. 28 U.S.C. We may start with the amended complaint, which was filed on November 24, 1950. It was...

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