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WENDER v. HAMBURGER

No. 21158.

393 F.2d 365 (1968)

Harry S. WENDER, Appellant, v. Sally HAMBURGER, Executrix of the Estate of Morris L. Hamburger, Deceased, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 5, 1968.

Attorney(s) appearing for the Case

Mr. Jules Fink, Washington, D. C., with whom Messrs. Alvin L. Newmyer, Sr., and Harry S. Wender, Washington, D. C., were on the brief, for appellant.

Mr. Dennis Collins, Washington, D. C., with whom Mr. William J. Fitzgerald, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, and BURGER and McGOWAN, Circuit Judges.

PER CURIAM:

The sole question presented by this appeal is whether an action for libel and slander survives the death of a party, in this instance the defendant. We held that it did not in Shearer v. Bakery and Confectionery Workers' International Union of America, 111 U.S.App.D.C. 39, 294 F.2d 235 (1961). At that time the survival statute in this jurisdiction (12 D.C.Code § 101) referred...

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