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DUNN v. GANNETT NEW YORK NEWSPAPERS, INC.

No. 87-5165.

833 F.2d 446 (1987)

Thomas G. DUNN, Appellant, v. GANNETT NEW YORK NEWSPAPERS, INC.

United States Court of Appeals, Third Circuit.

Decided November 10, 1987.

As Amended November 20, 1987.

Attorney(s) appearing for the Case

William J. Prout, Jr. (argued), Janyce W. Stahl, Tompkins, McGuire & Wachenfeld, Newark, N.J., for appellant.

Robert C. Bernius (argued), Richard D. Rochford, Jr., Nixon, Hargrave, Devans & Doyle, Washington, D.C., Richard A. Ragsdale, Strauss & Hall, Princeton, N.J., for appellee.

Before GIBBONS, Chief Judge, MANSMANN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are faced with a novel question of defamation law in this diversity proceeding. We must decide whether the attribution by a newspaper of the Spanish word "cerdos" to an utterance of the Elizabeth, New Jersey, mayor describing city litterbugs constitutes actionable libel under state law and the teachings of New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11...

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