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Evidence Keyed to Park
Dyer v. MacDougall
Citation:
201 F.2d 265 (1952)Facts
This case comes up on appeal by the plaintiff from a judgment dismissing the third and fourth counts of a complaint for libel and slander. The first complaint was in four counts, of which the first alleged that the defendant, Albert E. MacDougall, had said of the plaintiff at a directors’ meeting: “You are stabbing me in the back.” The defendants moved for judgment dismissing the counts. Each of the defendants denied the utterance of the slanders attributed to him or her. On his part, the plaintiff replied with several affidavits of his own, that the contents of all of which would, however, be inadmissible as evidence at a trial upon the issue of utterance.
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