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CROSBY v. TIME, INCORPORATED

No. 12231.

254 F.2d 927 (1958)

Clyde C. CROSBY, Plaintiff-Appellant, v. TIME, Incorporated, a New York Corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 29, 1958.

Attorney(s) appearing for the Case

Solomon Sachs, Chicago, Ill., Clifford D. O'Brien, Portland, Or., W. A. Franklin, Anderson & Franklin, Portland, Or., for appellant.

Don H. Reuben, Howard Ellis, William R. Jentes, Chicago, Ill., Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, and MAJOR and PARKINSON, Circuit Judges.

MAJOR, Circuit Judge.

This libel action was instituted by plaintiff Crosby, a citizen of the State of Oregon, against defendant, Time, Incorporated, a New York corporation. Jurisdiction rests upon diversity of citizenship, together with the requisite jurisdictional amount. The District Court, on defendant's motion, dismissed the complaint because of failure to state a claim upon which relief can be granted. Whether that Court was justified in so doing is the sole...

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