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BEVERLY ENTERPRISES, INC. v. TRUMP

No. 98-3222.

182 F.3d 183 (1999)

BEVERLY ENTERPRISES, INC.; Donald L. Dotson, Appellants, v. Rosemary TRUMP; Service Employees International Union Local 585.

United States Court of Appeals, Third Circuit.

Opinion Filed June 28, 1999.

Attorney(s) appearing for the Case

Michael T. McMenamin (Argued), Walter & Haverfield, Cleveland, OH, Attorney for Appellants.

Claudia Davidson Healey, Davidson & Hornack, Pittsburgh, PA and Harold C. Becker (Argued), Associate General Counsel, Service Employees International Union, Chicago, IL, Attorneys for Appellees.

Geraldine R. Gennet, General Counsel, Kerry W. Kircher, Deputy General Counsel, Office of General Counsel, U.S. House of Representatives, Washington, D.C., Attorneys for Amicus Curiae Bipartisan Legal Advisory Group of the United States House of Representatives.

BEFORE: BECKER, Chief Judge, and STAPLETON, Circuit Judges, and HARRIS, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This diversity-based defamation action arises from statements allegedly made by a union representative about a company official during two separate incidents, one at a political rally and another at a "Town Hall meeting." The District Court dismissed the plaintiffs' complaint after finding the comments at the rally incapable of defamatory meaning and the Town Hall meeting comment protected under the doctrine...

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