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PALESTRI v. MONOGRAM MODELS, INC.

No. 88-5542.

875 F.2d 66 (1989)

Robert PALESTRI, Appellant, v. MONOGRAM MODELS, INC., Kidde Recreation Products, Inc., The Ertl Company and John Does 1 Through 20.

United States Court of Appeals, Third Circuit.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Stephen N. Dratch, of counsel; Thomas Hendrickson, on the brief, Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, P.A., Roseland, N.J., for appellant.

Steven M. Schneebaum and Patton, Boggs & Blow, Washington, D.C., for appellees, Monogram Models, Inc. and Ertl Co.

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

Submitted Under Third Circuit Rule 12(6) December 9, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

The sole issue presented on this appeal is whether the New Jersey statute of limitations for libel begins to run when an allegedly libelous press release is mailed or when it is received and read. The facts relevant to this appeal are not in dispute.

Appellant Robert Palestri and Sol Kramer were formerly principals in a toy...

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