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Torts Keyed to Prosser
Testing Systems, Inc. v. Magnaflux Corp
Facts
The Plaintiff and the Defendant are both in the business of making products to be used in non-destructive testing. * The Plaintiff alleges that the Defendant circulated written material among the Plaintiff’s current and potential customers, that the United States Government had tested both the Plaintiff’s and the Defendant’s product and found the Defendant’s product to be 40% more effective. Also, the Defendant’s agent said, in a loud voice at a manufacturer’s convention “[Plaintiff’s] stuff is no good and the government is throwing it out.” * The Plaintiff sued the Defendant for trade libel. The trial court dismissed the Plaintiff’s case because the Plaintiff failed to show damages.
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