De Lury v. Wurf

This is a motion to strike all the defenses in the answer as legally insufficient. The dispute basically is between rival unions and the action is grounded on five separate causes of action in libel — four in behalf of the plaintiff union’s president individually, and one in behalf of the union itself.

The defenses interposed fall into four categories: (1) a combined plea of truth and fair comment; (2) a plea of qualified privilege arising from a common interest in a particular subject matter; (3) partial defenses in mitigation of damages based on the two afore-mentioned defenses; and (4)…