MUELLER v. RAYON CONSULTANTS, INC.


170 F.Supp. 555 (1959)

Edward O. MUELLER, Plaintiff, v. RAYON CONSULTANTS, INC., and William R. Schmitz, Defendants.

United States District Court S. D. New York.

February 19, 1959.


Attorney(s) appearing for the Case

Spar, Schlem & Burroughs, New York City, for plaintiff, Leon B. Savetsky, New York City, of counsel.

Reid & Priest, New York City, for defendants, Ralph M. McDermid, Robert George Schuur, New York City, of counsel.


DAWSON, District Judge.

In this action for libel the defendants moved, pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the amended complaint for failure to state a claim. Federal jurisdiction rests on diversity of citizenship.

The alleged libel consists of three business letters. Each business letter forms the basis for a separate alleged cause of action. The business letters underlining the first and second causes...

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