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OVERALL v. UNIVERSITY OF PA.

No. 04-1090.

412 F.3d 492 (2005)

Karen OVERALL and Arthur Dunham, Appellants, v. UNIVERSITY OF PENNSYLVANIA; Gail Smith.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 27, 2005.

Attorney(s) appearing for the Case

Stanley B. Cheiken (argued), Philadelphia, PA, Counsel for Appellant.

Michael L. Banks, Michael E. Dash, Jr. (argued), Morgan, Lewis & Bockius, LLP, Philadelphia, PA, Counsel for Appellees.

Before: ALITO, SMITH, and FISHER, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

Karen Overall is a faculty member at the University of Pennsylvania ("Penn") Veterinary School. She and her husband brought this action against Penn, alleging defamation and fraudulent misrepresentation, among other things. The District Court granted summary judgment for Penn on all counts, and Overall appealed. Because the District Court incorrectly held that statements made in a private internal University grievance...

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