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SIVELLE v. MALOOF

Nos. 6990, 6991.

373 F.2d 520 (1967)

Charles SIVELLE, Plaintiff, Appellant, v. Fred N. MALOOF, Defendant, Appellee. Fred N. MALOOF, Defendant, Appellant, v. Charles SIVELLE, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

March 2, 1967.

Attorney(s) appearing for the Case

Ben Mermelstein, with whom Harley A. Miller was on brief, for Charles Sivelle.

Thomas C. Tilley, Hato Rey, P. R., with whom Enrique Igaravidez, San Juan, P. R., was on brief, for Fred N. Maloof.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This is an action for libel in which the defendant was defaulted. The court assessed damages, after hearing, of $2,500.00, plus attorney's fees. Both parties appealed. Plaintiff's appeal asserting the award of damages to be inadequate is wholly frivolous. The claimed special damages were problematical, at best, if not entirely speculative. There could be no error in the court's rejection thereof. As to general damages, libel is a classic situation where...

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