Arthur Theiss v. Gordon H. Scherer

COMBS, Circuit Judge.

The appellant contends that the district judge erred in holding that the complaint in an action for libel did not state a claim upon which relief can be granted.

The claim of libel grows out of a letter which appellee, an attorney, wrote to appellant’s attorney in regard to the administration of an estate. The letter was filed with the complaint and reads:

GORDON H. SCHERER Attorney at Law 1717 Carew Tower Cincinnati, Ohio

July 1, 1964

Mr. George C. Allen

Barbour, Kimpel & Allen

709 Gwynne Building

Cincinnati, Ohio 45202

Dear George:

Beverly Meyer sent me the copy she received of…