Arrowsmith v. United Press International
Citation | 205 F. Supp. 56 |
Decision Date | 26 April 1962 |
Docket Number | Civ. No. 3328. |
Parties | Harold Noel ARROWSMITH, Jr., v. UNITED PRESS INTERNATIONAL. |
Court | U.S. District Court — District of Vermont |
Reuben A. Garland, Atlanta, Ga., and Leary & Leddy, Burlington, Vt., for plaintiff.
Gannett, Oakes & Weber, Brattleboro, Vt., for defendant.
Plaintiff, a resident of Maryland, brought a complaint against Defendant, United Press International. Plaintiff does not allege under the laws of what state Defendant was incorporated but does allege that it maintains an office and does business in Vermont. Plaintiff further alleges that a diversity of citizenship exists.
Defendant has moved for dismissal of the action on the grounds that Plaintiff's complaint fails to state a claim upon which relief can be granted, lack of jurisdiction because of insufficiency of service of process and improper venue.
Without passing on the merits of the jurisdictional and venue questions, I find that the complaint does not state a claim upon which relief can be granted.
The first three paragraphs of the complaint set forth the parties, diversity of citizenship and jurisdictional amount. Paragraph four describes the business of the defendant as that of a news-gathering and news-disseminating agency. Paragraph five describes an occurrence in which the Jewish Temple in Atlanta, Georgia, was bombed. Paragraph six alleges that the defendant transmitted defamatory matter on October 17, 1958. Paragraph seven alleges that the defamatory matter was published by various news media, and that it made the plaintiff the object of public hatred and scorn. This allegation refers to a copy of the alleged libelous matter. This copy is attached to the complaint as an exhibit. It reads as follows:
Paragraph eight of the complaint alleges that this news article is not the only publication of the alleged libelous matter caused to be published by the defendant's transmission. Paragraph nine then alleges that the plaintiff is described as the ...
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Arrowsmith v. United Press International
...a claim upon which relief could be granted. Judge Gibson sustained the last mentioned ground; he did not pass on the first two. 205 F.Supp. 56 (D.Vt.1962). Plaintiff appeals from the judgment of We all agree it was error for the district court to proceed as it did. Not only does logic compe......
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Blount v. Peerless Chemicals (PR) Inc.
...This Court is presently reconsidering this problem in banc, in the case of Arrowsmith v. United Press International (appeal from 205 F. Supp. 56 (D.Vt.1962) ). The outcome of that case is of no moment here, because both parties have agreed that this Court should apply the International Shoe......