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MULLENMEISTER v. SNAP-ON TOOLS CORP.

No. 83 Civ. 7310 (ADS)

587 F.Supp. 868 (1984)

Eric MULLENMEISTER, Plaintiff, v. SNAP-ON TOOLS CORP., Defendant.

United States District Court, S.D. New York.

June 6, 1984.

Attorney(s) appearing for the Case

Patrick A. Troise, Huntington Station, N.Y., for plaintiff.

D'Amato & Lynch, Douglas Capuder, New York City, for defendant.

OPINION AND ORDER

SOFAER, District Judge:

This is a libel action by an automotive tools salesman who claims that the defendant called him a Nazi by depicting him in a cartoon wearing a helmet bearing a swastika. The defendant Snap-On Tools Corp. has moved to dismiss the action for failure to state a claim upon which relief might be granted. Fed.R.Civ.P. 12(b)(6). Snap-On contends that the complaint does not allege libel per se and that therefore the failure...

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