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KELLY v. SCHMIDBERGER

No. 1490, Docket 85-7931.

806 F.2d 44 (1986)

Rev. Clarence KELLY, Rev. Anthony Cekada, Rev. Daniel Donan, Rev. Donald Sanborn, Plaintiffs-Appellants, v. Rev. Franz SCHMIDBERGER, Rev. Richard Williamson, Rev. Hector Bolduc, Walter L. Matt, the Angelus Press, the Remnant Press, the Society of Saint Pius X, South-West District, Inc., Saint Aloysius Gonzaga Fund, and Issac Jogues Fund, Defendants. Appeal of Rev. Franz SCHMIDBERGER, Rev. Richard Williamson, Rev. Hector Bolduc, the Angelus Press, the Society of Saint Pius X, South-West District, Inc., Saint Aloysius Gonzaga Fund, and Issac Jogues Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Richard M. Zuckerman, New York City (James D. Fornar, Jarblum, Solomon & Fornar, New York City, on the brief), for plaintiffs-appellants.

Barbara Roth, New York City (Andrew J. Hughes, Harry T. Walters, Townley & Updike, New York City, on the brief), for defendants-appellees.

Before WINTER, Circuit Judge, MAHONEY, Circuit Judge and LASKER, Senior District Judge.

LASKER, Senior District Judge.

Plaintiffs-appellants Clarence Kelly, Anthony Cekada, Daniel Dolan and Donald Sanborn appeal from a final judgment of the United States District Court for the Southern District of New York (Pierre N. Leval, Judge) granting summary judgment to defendants and dismissing the complaint for failure to state a claim for actionable libel. Appellants allege that the district court erred, as a matter of law, in dismissing their complaint after...

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