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CONTINENTAL NUT COMPANY v. ROBERT L. BERNER COMPANY

No. 16268.

393 F.2d 283 (1968)

CONTINENTAL NUT COMPANY, Plaintiff-Appellant, v. ROBERT L. BERNER COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 17, 1968.

Attorney(s) appearing for the Case

Robert A. Sprecher, James C. Leaton, Joseph M. Taussig, Chicago, Ill., for plaintiff-appellant.

Robert F. Hanley, A. Daniel Feldman, Robert L. Berner, Jr., Donald J. McLachlan, Isham, Lincoln & Beale, Robert L. Berner, Jr., Chicago, Ill., for defendant-appellee; Baker & McKenzie, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

In Continental Nut Company v. Robert L. Berner Company, 7 Cir., 345 F.2d 395, this Court held that the plaintiff's (Continental's) complaint against Robert L. Berner Company and certain other defendants stated a cause of action in libel. We there held that the statements in the alleged publication, though not of a character which would constitute a libel per se, are of the type which may constitute a...

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