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FOSTER v. PEARCY

Nos. 1-577A113, 479S87.

387 N.E.2d 446 (1979)

Andrew FOSTER, Appellant, v. Noble PEARCY, Appellee.

Supreme Court of Indiana.

Rehearing Denied August 27, 1979.

Attorney(s) appearing for the Case

Forrest Bowman, Jr., Indianapolis, for appellant.

John T. Davis, Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant filed this cause of action for libel against Leroy New and appellee Noble Pearcy. Pearcy moved to dismiss under TR 12(B)(6) for failure to state a claim upon which relief could be granted. The trial court granted the motion. The Court of Appeals reversed, holding that Pearcy as Prosecuting Attorney enjoyed only a qualified immunity for statements made to the press by him and his deputy Leroy New. Foster v. Pearcy (1978), Ind...

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