McDERMOTT v. BIDDLE


436 Pa.Super. 94 (1994)

647 A.2d 514

J. Bradley McDERMOTT and James T. McDermott, Jr., and Michael J. McDermott, Executors of the Estate of the Honorable James T. McDermott, Deceased, Appellants, v. Daniel R. BIDDLE, Philadelphia Newspapers, Inc., and Knight-Ridder Newspapers, Inc. J. Bradley McDERMOTT, and James T. McDermott, Jr., and Michael J. McDermott, Executors of the Estate of the Honorable James T. McDermott, Deceased v. Daniel R. BIDDLE, L. Stuart Ditzen, William K. Marimow, Philadelphia Newspapers, Inc., and Knight Ridder Newspapers, Inc. J. Bradley McDERMOTT, and James T. McDermott, Jr., and Michael J. McDermott, Executors of the Estate of the Honorable James T. McDermott, Deceased v. Daniel R. BIDDLE, L. Stuart Ditzen, William K. Marimow, Edwin Guthman, Philadelphia Newspapers, Inc., and Knight Ridder Newspapers, Inc. Appeal of Daniel R. BIDDLE and Philadelphia Newspapers, Inc.

Superior Court of Pennsylvania.

Filed July 8, 1994.

Reargument Denied September 14, 1994.


Attorney(s) appearing for the Case

James E. Beasley, Philadelphia, for McDermotts.

William T. Hangley, Philadelphia, for Biddle, Phl. Newspapers & Knight-Rider Newspapers.

Before ROWLEY, P.J., and OLSZEWSKI and BECK, JJ.


BECK, Judge.

This is an appeal and cross-appeal from an order denying a motion for judgment notwithstanding the verdict, dismissing a defendant and granting a new trial in consolidated defamation actions.2 The actions, originally brought by the now deceased James T. McDermott, former justice of the Supreme Court of Pennsylvania,3 arose out of two publications, one in 1983 and one in 1984, by defendant, appellee...

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