Tyler Fixture Corp. v. Dun & Bradstreet, Inc.

RAYMOND, District Judge.

This matter is before the court upon motion to dismiss, the several grounds for which need not be separately enumerated. In general, they are to the effect that the words complained of are not libelous, and that the complaint fails to state a cause of action by reason of want of allegations of certain items of special damages. There is controversy as to whether or not such allegations are necessary.

Upon motions to dismiss, generally speaking, justice is more likely to be attained by leaving the merits of the cause to be disposed of after submission of proofs. The…