SPACECON SPECIALTY CONTRACTORS, LLC v. BENSINGER

No. 11-1139.

713 F.3d 1028 (2013)

SPACECON SPECIALTY CONTRACTORS, LLC, Plaintiff-Appellant, v. Richard BENSINGER, an individual, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 15, 2013.


Attorney(s) appearing for the Case

Lawrence W. Marquess ( Christopher M. Leh , Danielle L. Kitson , and Allison R. Cohn , with him on the briefs), Littler Mendelson, P.C., Denver, CO, for Plaintiff-Appellant.

Thomas B. Kelley , Levine Sullivan Koch & Schulz, L.L.P., Denver, CO ( Daniel M. Shanley and Jody Borrelli , DeCarlo, Connor & Shanley, A Professional Corporation, Los Angeles, CA; and Steven D. Zansberg , Levine Sullivan Koch & Schulz, L.L.P., Denver, CO, with him on the brief), for Defendant-Appellee.

Before HARTZ, MURPHY, and HOLMES, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger's motion for summary judgment, concluding...

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