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SIMPSON v. STEEN

Civ. A. No. C-43-54.

127 F.Supp. 132 (1954)

In the Matter of Alan SIMPSON and J. E. Simpson, Plaintiffs, v. Charles A. STEEN, Defendant.

United States District Court D. Utah, Central Division.

December 10, 1954.

Attorney(s) appearing for the Case

Lincoln D. Coit, Coit & Graham, Grand Junction, Colo., Warwick C. Lamoreaux, Salt Lake City, Utah, for plaintiffs.

Henry Ruggeri, Marl D. Gibson, Price, Utah, Mitchell Melich, Moab, Utah, Clair M. Senior, Hugh C. Garner, Salt Lake City, Utah, for defendant.

CHRISTENSON, District Judge.

The complaint contains three counts based respectively upon publications in various newspapers. Defendant has moved for a dismissal of each count on the ground that it fails to state a claim upon which relief can be granted. The principal contentions of the defendant are: (1) That the alleged defamatory matter is not libelous per se (and that therefore, in the absence of actual malice and special damages, the latter not being pleaded,...

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