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PORTER v. EYSTER

No. 8261.

294 F.2d 613 (1961)

William R. PORTER, Appellant, v. J. A. EYSTER, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 15, 1961.

Attorney(s) appearing for the Case

Charles N. Ford, Washington, D. C., for appellant.

Clarence E. Martin, Jr., Martinsburg, W. Va. (Martin & Seibert, Martinsburg, W. Va., on the brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a summary judgment whereby a suit for libel under the common law and for the use of insulting words under Section 5471 of Article 7 of the West Virginia code, Code, 55-7-2, instituted by William R. Porter of Virginia v. J. A. Eyster of West Virginia, was dismissed. The plaintiff claimed damages in the sum of $150,000, and jurisdiction was based on diversity of citizenship.

The defendant's motion for summary judgment...

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