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SCIANDRA v. LYNETT

409 Pa. 595 (1963)

Sciandra v. Lynett, Appellant.

Supreme Court of Pennsylvania.

January 21, 1963.

Attorney(s) appearing for the Case

J. Julius Levy, with him S. Keene Mitchell, Jr., and Levy, Mattes, Preate & McNulty, for appellant.

Laurence H. Eldredge, with him William A. Degillio, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE EAGEN, January 21, 1963:

This is a libel action for damages to plaintiff's reputation as a result of a newspaper article published by the defendant. The action was tried and submitted to a jury for determination. When the jurors failed of agreement, they were discharged. Post trial, the lower court, in a three to two decision, granted the plaintiff's motion for judgment upon the whole record, pursuant to the provisions of the Act of April 20...

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