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DRY BRANCH KAOLIN CO. v. DOE

263 N.J. Super. 325 (1993)

622 A.2d 1320

DRY BRANCH KAOLIN COMPANY, A DELAWARE CORPORATION, WILLIAM L. HARTLEY AND CORNELIUS J. BOYLAN, PLAINTIFFS-APPELLANTS, v. JOHN DOE, RICHARD ROE AND ROBERT ROE, INDIVIDUALS WHOSE IDENTITIES ARE NOT CURRENTLY KNOWN TO PLAINTIFFS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Frederick L. Whitmer argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Whitmer and Peter James Herrigel, on the brief).

Peter L. Korn argued the cause for respondent (McDonough, Korn & Eichhorn, attorneys; Mr. Korn, of counsel; Thomas M. Moriarty, on the brief).

Before Judges BILDER, BAIME and WALLACE.

The opinion of the court was delivered by WALLACE, J.S.C. (temporarily assigned).

Plaintiffs, Dry Branch Kaolin Company and two of its officers, William L. Hartley and Cornelius J. Boylan filed a defamation action against an anonymous former employee.1 The alleged defamatory and libelous statements were contained in a letter from attorney, William Engle, purporting to speak on behalf of...

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