Kurt Schoen, T/a Don Pallini Dance Studios v. The Washington Post, a Corporation

BURGER, Circuit Judge.

This is an appeal from the trial court’s dismissal of an amended complaint which alleged the appellee newspaper had published a libelous article causing injury to appellant’s reputation and business. The alleged libel occurred in a news story published March 29, 1953, which related a police vice squad raid on a dance studio owned and operated by appellant and rented by him to a high school fraternal organization on the occasion in question. When the case was called for trial in February 1956, after depositions had been taken and the issues formulated at pre-trial…