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BOBB v. KRAYBILL

354 Pa.Super. 361 (1986)

511 A.2d 1379

Earl T. BOBB, Appellant, v. Eugene KRAYBILL, Individually and also in his capacity as an agent, Servant and Employee of Lancaster Newspapers, Inc., t/d/b/a the Intelligencer Journal, Frederick Cusick, Individually and also in his capacity as an Agent, Servant and Employee of Philadelphia Newspapers, Inc., t/d/b/a Philadelphia Inquirer, Philadelphia Newspapers, Inc., t/d/b/a Philadelphia Inquirer, Lancaster Newspapers, Inc., t/d/b/a Intelligencer Journal.

Supreme Court of Pennsylvania.

Filed July 16, 1986.

Petition for Allowance of Appeal Denied January 9, 1987.

Attorney(s) appearing for the Case

Spero T. Lappas, Harrisburg, for appellant.

George C. Werner, Jr., Lancaster, for Kraybill, appellee.

Kerry L. Adams, Williamsport, for Cusick, appellee.

Before WICKERSHAM, BROSKY and WATKINS, JJ.

BROSKY, Judge:

This is an appeal from the order granting appellees' motions for summary judgment in this defamation action. The sole issue for our determination is whether the trial court erred in finding no genuine issue of material fact as to the truthfulness of the articles published. The trial court found that appellant did not and could not contest the substantial truth of the articles and, therefore, granted appellees' motions for summary judgment.

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