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BERKEY v. DELIA

[No. 15, September Term, 1979.]

287 Md. 302 (1980)

413 A.2d 170

BARRY R. BERKEY v. GREGORY E. DELIA

Court of Appeals of Maryland.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Argued by William A. Ehrmantraut, with whom were Donahue, Ehrmantraut & Montedonico on the brief, and reargued by Henry Kenneth Armstrong for appellant.

Argued and reargued by Clifford R. Bridgford for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, ORTH and COLE, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE and RODOWSKY, JJ., and EDWARD O. WEANT, JR., Associate Judge of the Court of Special Appeals, specially assigned.

SMITH, J., delivered the opinion of the Court. ELDRIDGE and COLE, JJ., dissent. ELDRIDGE, J., filed a dissenting opinion at page 333 infra, in which COLE, J., concurs.

Respondent, Gregory E. Delia, a Prince George's County police officer, sued petitioner, Barry R. Berkey, in libel and slander. The bases of the suit were a letter Berkey had directed to Delia's superior and statements Berkey had made in the resultant investigation. The Circuit Court for Prince...

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