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SCHIAVONE CONST. CO. v. TIME, INC.

No. 83-5663.

735 F.2d 94 (1984)

SCHIAVONE CONSTRUCTION CO. and Ronald A. Schiavone, Individually v. TIME, INC. Appeal of SCHIAVONE CONSTRUCTION COMPANY and Ronald A. Schiavone.

United States Court of Appeals, Third Circuit.

Decided May 25, 1984.

Attorney(s) appearing for the Case

Theodore W. Geiser (argued), Connell, Foley & Geiser, Newark, N.J., for appellants; Thomas S. Cosma, Newark, N.J., of counsel.

Peter G. Banta, (argued), Winne, Banta & Rizzi, Hackensack, N.J., for appellee; Donald A. Klein, Hackensack N.J., on the brief.

Before ALDISERT, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In this appeal from a dismissal of plaintiff-appellants' complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, we are asked to decide whether the complaint made out a sufficient claim for relief against Time, Inc. under New Jersey defamation law. Because we conclude that the district court erred in determining that New Jersey's fair report privilege barred plaintiff-appellants' claim as a matter...

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