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CONTINENTAL NUT COMPANY v. ROBERT L. BERNER COMPANY

No. 14694.

345 F.2d 395 (1965)

CONTINENTAL NUT COMPANY, a corporation, Plaintiff-Appellant, v. ROBERT L. BERNER COMPANY, a corporation, Robert L. Berner, J. P. Farrell, Smith & Swinton Company, a corporation, Jay Brokerage, a corporation, Herbert Jubelier, William J. Smith, and Arthur J. Swinton, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

April 15, 1965.

Attorney(s) appearing for the Case

Joseph M. Taussig, Robert A. Sprecher, Chicago, Ill., for appellant.

Robert F. Hanley, Robert L. Berner, Jr., of Baker, McKenzie and Hightower, Chicago, Ill., A. Daniel Feldman, Donald J. McLachlan, of Isham, Lincoln & Beale, Chicago, Ill., for defendants-appellees Robert L. Berner Co., Robert L. Berner, J. P. Farrell, Smith & Swinton Co., William J. Smith and Arthur J. Swinton.

Before KNOCH, CASTLE, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This action is before us on appeal from a dismissal of plaintiff's complaint in a libel suit. The conduct alleged to be libelous was the publication and distribution of a letter to plaintiff's customers. Jurisdiction is based on diversity.

Plaintiff is a California corporation which buys various kinds of nuts, processes them, and then resells them. Among the products which it handles are Brazil nuts of a type known as "natural" nuts...

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