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SDV/ACCI, INC. v. AT & T CORP.

No. 06-15860.

522 F.3d 955 (2008)

SDV/ACCI, INC.; R. Gerald Metz; Tonia Metz, Plaintiffs-Appellants, v. AT & T CORPORATION; Margaret E. Roman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2008.

Attorney(s) appearing for the Case

Paul Kleven, Berkeley, CA, for the plaintiffs-appellants.

Kevin M. Fong, Pillsbury, Winthrop, Shaw, Pittman, LLP, San Francisco, CA, for the defendants-appellees.

Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge MILAN D. SMITH, JR.

CANBY, Circuit Judge:

Plaintiffs SDV/ACCI, Tonia Metz and Gerald Metz brought this action against AT & T and one of its employees, Margaret Roman, alleging that Ms. Roman defamed the plaintiffs in the course of her employment. The district court granted summary judgment for the defendants, ruling that the Metzes were not proper plaintiffs, and that the allegedly defamatory statements were conditionally privileged. It further ruled that SDV/ACCI, as the remaining...

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