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LAVIN v. NEW YORK NEWS, INC.

No. 83-5899.

757 F.2d 1416 (1985)

Thomas J. LAVIN, Appellant v. NEW YORK NEWS, INC., D.J. Saunders, Paul Meskill, Robert Hunt, James G. Wieghart, Larry Layout and Harry Headliner, Charles Voss and Robert Sapio.

United States Court of Appeals, Third Circuit.

Decided March 26, 1985.

Attorney(s) appearing for the Case

Joseph J. Fleischman, Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P.A., Newark, N.J., Michael B. Mukasey (argued), Patterson, Belknap, Webb & Tyler, New York City, for appellees.

Thomas D. Ruane (argued), Ribis, McCluskey, Ruane & Graham, Short Hills, N.J., for appellant.

Before SLOVITER and BECKER, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

FULLAM, District Judge.

In this appeal from a grant of summary judgment dismissing a libel case, we are again required to address issues involving New Jersey's fair report privilege, recently canvassed in Schiavone Construction Co. v. Time, Inc., 735 F.2d 94 (3d Cir.1984).

In Schiavone, we reversed a dismissal under Fed.R.Civ.P. 12(b)(6), because it could not properly be ruled as...

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