RAFFENSBERGER v. MORAN


336 Pa.Super. 97 (1984)

485 A.2d 447

Edward RAFFENSBERGER, Richard Muscarello, Arthur Bellamy, Thomas Millard, Warren Stanton, Richard Thieme, Robert Bashore, Brian Burgess, Marlowe Swanson, John Demchak, Nelson Houser, Glenn Ingersoll, Joseph Gambucci, Bruce Parenteau, Arthur Gigantino, Lee Estabrooks, Clint Eshelman, Pat Conway, Horace Drake, Ralph Harris, Thomas Winsor, Harold Yetter, John Teetz, John Nicholson, Jorgen Rasmussen and Joseph Verdier, Appellants, v. Joseph MORAN and Roadway Express, Inc.

Supreme Court of Pennsylvania.

Filed November 30, 1984.


Attorney(s) appearing for the Case

James V. Fareri, Stroudsburg, for appellants.

George W. Westervelt, Jr., Stroudsburg, for appellee.

Before BROSKY, WIEAND and McEWEN, JJ.


WIEAND, Judge:

In this action for libel, the trial court concluded from the pleadings, from pre-trial discovery, and from admissions and affidavits filed by the parties that the statements made by Joseph Moran and alleged to be defamatory of appellants, although capable of a defamatory meaning, were made without malice during a labor dispute. The court, therefore, granted summary judgment dismissing the action. We agree that the remarks were made during a labor dispute...

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