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MIL-HALL TEXTILE CO. v. DUN & BRADSTREET, INC.

160 F.Supp. 778 (1958)

MIL-HALL TEXTILE CO., Inc., Plaintiff, v. DUN & BRADSTREET, Inc., Defendant.

United States District Court S. D. New York.

April 4, 1958.

Attorney(s) appearing for the Case

Samuel G. Litwin, New York City, for plaintiff.

White & Case, New York City, Chester Bordeau, William D. Conwell, New York City, of counsel, for defendant.

DIMOCK, District Judge.

Defendant moves to dismiss the complaint for failure to state a claim. The action is one in libel and the complaint alleges that defendant is a mercantile agency. A mercantile agency has a qualified privilege and is not liable for defamation unless the defamatory matter was uttered with malice or "such a wanton and reckless disregard of the rights of another as is ill will's equivalent." Pecue v. West, 233 N.Y. 316, 322, 135 N.E. 515, 517....

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