(Download) "Diplomat Electric Inc. v. Westinghouse Electric Supply Co." by United States Court of Appeals for the Fifth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Diplomat Electric Inc. v. Westinghouse Electric Supply Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 29, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This is an appeal from a summary judgment entered in the District Court for the Southern District of Florida in favor of the defendant, Westinghouse Electric Supply Company, in an action for libel and slander brought by plaintiff, Diplomat Electric, Inc., to recover damages resulting from an allegedly libelous letter and slanderous statements. The defendant answered, denying generally the allegations of the complaint but admitting the mailing of the letter, and in its defense asserted privilege and probable cause. Upon defendants motion for summary judgment, the district court, after hearing argument and examining the pleadings, affidavits, depositions and pretrial stipulation, held as a matter of law that the letter and the oral statements were not actionable per se. Judgment was entered for the defendant and the plaintiffs cause of action was dismissed. The plaintiff appealed. The complaint alleged that the plaintiff, a Florida corporation engaged as an electrical contractor, and the defendant, a Pennsylvania corporation engaged as a supplier of electrical equipment, had contracted for electrical materials needed by plaintiff on its construction jobs. All the events involved occurred in Florida. On January 5, 1965, defendants credit manager mailed a letter to plaintiff, with copies to Fred Howland, Inc., the general contractor on one of the construction jobs, to Phillips Petroleum Company, the owner of the project upon which plaintiff was working, and to J. M. Lloyd, project-manager for the owner, containing the following:
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