Eli E. Albert, Inc. v. Dun & Bradstreet, Inc.

MEDINA, District Judge.

Defendant moves pursuant to Rule 12(b) (6), Federal Rules Civil Procedure, 28 U.S. C.A., to dismiss plaintiff’s complaint for failure to state a claim for relief. Plaintiff sets forth two claims, each of them to the effect that certain reports issued by defendant concerning plaintiff’s financial standing were false and libelous.

The allegedly libelous statements a're to the effect that plaintiff’s financial strength was $125,000 to $200,000; that its credit was “fair”; that the plaintiff had a “high credit of $1000 to $5000,” later changed to “$300 to $25,000,” and still…