BOICE v. UNISYS CORP.

No. 939, Docket 94-7682.

50 F.3d 1145 (1995)

Eugene BOICE, John Di Palermo, and Robert Wahrman, Plaintiffs-Appellees, v. UNISYS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 23, 1995.


Attorney(s) appearing for the Case

Lawrence B. Pedowitz, New York City (Carol Miller, Wachtell, Lipton, Rosen & Katz, of counsel), for defendant-appellant.

Jean M. Mahserjian, Clifton Park, for plaintiffs-appellees.

Before: MESKILL, McLAUGHLIN, and JACOBS, Circuit Judges.


McLAUGHLIN, Circuit Judge:

On this appeal, we must decide whether a person, who in response to a subpoena turns over documents to a government official, knowing that the documents contain libelous statements, enjoys an immunity from a suit for defamation. If so, is the immunity absolute or qualified?

The district court (Con. G. Cholakis, Judge) held that such a person was not absolutely immune from defamation suits arising out of the surrender of documents...

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