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O'NEIL v. EDMONDS

Civ. A. No. 2449.

157 F.Supp. 649 (1958)

James D. O'NEIL, an infant who sues by James S. O'Neil, his father and next friend, Plaintiff, v. Alfred B. G. EDMONDS and John W. Edmonds, Jr., t/a Owners and Publishers of the Peninsula Enterprise, Accomac Court House, Virginia, Defendants.

United States District Court E. D. Virginia, Norfolk Division.

January 3, 1958.

Attorney(s) appearing for the Case

Worthington, White & Harper, Norfolk, Va., C. A. Turner, Jr., Eastville, Va., John P. Harper, Norfolk, Va., and C. A. Turner, Jr., Eastville, Va., for plaintiff.

Meade T. Spicer, Jr., Richmond, Va., B. T. Gunter, Jr., Accomac, Va., Henry J. Lankford, Norfolk, Va., John W. Edmonds, III, Richmond, Va., for defendants.

WALTER E. HOFFMAN, District Judge.

The issue for consideration on defendants' motion for summary judgment is whether the publication of a false report of a person's death is sufficient to form the basis of an action for libel, and whether the same is actionable under and by virtue of the provisions of § 8-630, Code of Virginia, 1950; said latter section providing for a cause of action under the Virginia statute of insulting words relating to "all words which...

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