DiMAIO v. LOCAL 80-A, ETC., OF AMERICA, CIO


32 N.J. Super. 136 (1954)

108 A.2d 20

FRANK R. DiMAIO, PLAINTIFF-RESPONDENT, v. LOCAL 80-A, UNITED PACKING-HOUSE WORKERS OF AMERICA, CIO, BENJAMIN BUTLER, ANTHONY VALENTINO AND SYLVIA NEFF, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 15, 1954.


Attorney(s) appearing for the Case

Mr. Arthur W. Lewis argued the cause for the respondent (Messrs. Lewis and Hutchinson, attorneys).

Mr. Abraham Greenberg argued the cause for the appellants.

Before Judges CLAPP, JAYNE and FRANCIS.


PER CURIAM.

Plaintiff sued appellant labor union and certain of its officials individually, charging the publication of specified libelous statements against him. Following answer, interrogatories and answers thereto and some depositions, defendants moved for summary judgment. The trial court denied the motion, but only as to the appellant, believing erroneously that such relief was not sought as to the individual defendants.

The judge who heard the motion...

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