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BIOSPHERICS, INC. v. FORBES, INC.

No. 98-1118.

151 F.3d 180 (1998)

BIOSPHERICS, INCORPORATED, Plaintiff-Appellant, v. FORBES, INCORPORATED; Caroline Waxler, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1998.

Attorney(s) appearing for the Case

ARGUED: Mark Charles Harwell, Morris & Campbell, P.C., Houston, Texas, for Appellant. Douglas D. Connah, Jr., Venable, Baetjer & Howard, L.L.P., Baltimore, Maryland, for Appellees. ON BRIEF: David J. McManus, Baxter, Baker, Sidle & Conn, P.A., Baltimore, Maryland, for Appellant. Maria E. Rodriguez, Venable, Baetjer & Howard, L.L.P., Baltimore, Maryland; Tennyson Schad, Norwick & Schad, New York City, for Appellees.

Before HAMILTON and MOTZ, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge HAMILTON and Senior Judge WILLIAMS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this defamation action, the district court dismissed a complaint alleging that a biweekly business magazine published false and defamatory statements about a corporation. Because the challenged statements are constitutionally protected and therefore not actionable, we affirm.

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