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PATTEN v. SMITH

No. 3-1074A179.

360 N.E.2d 233 (1977)

Maurice J. PATTEN d/b/a Warsaw Monument Works, Appellant (Defendant below), v. Richard SMITH d/b/a Smith Memorial Company, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 12, 1977.

Attorney(s) appearing for the Case

Jere L. Humphrey, Chipman, Morrison & Humphrey, Plymouth, for appellant.

Kizer, Neu, Joyce & Rockaway, Peter L. Rockaway, Plymouth, for appellee.

STATON, Presiding Judge.

This is an appeal from a judgment on a verdict awarding to Richard Smith $12,350.00 actual damages and $30,300.00 punitive damages in a defamation suit against Maurice J. Patten in the Marshall Circuit Court, Marshall County, Indiana on May 23, 1974.

The basis of liability for this defamation suit arises out of the mailing of a brochure by Maurice J. Patten entitled "Never Let This Happen in Your Community". The mailing was admitted...

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