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ELI E. ALBERT v. DUN & BRADSTREET

91 F.Supp. 283 (1950)

ELI E. ALBERT, Inc. v. DUN & BRADSTREET, Inc.

United States District Court S. D. New York.

June 6, 1950.

Attorney(s) appearing for the Case

Jerome S. Shulman, New York City (Milton A. Teplin, New York City, of counsel), for plaintiff.

White & Case, New York City (Chester Bordeau, New York City, of counsel), for defendant.

MEDINA, District Judge.

Defendant moves pursuant to Rule 12(b) (6), Federal Rules Civil Procedure, 28 U.S. C.A., to dismiss plaintiff's complaint for failure to state a claim for relief. Plaintiff sets forth two claims, each of them to the effect that certain reports issued by defendant concerning plaintiff's financial standing were false and libelous.

The allegedly libelous statements are to the effect that plaintiff's financial strength was $125,000 to ...

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