Simpson v. Steen

CHRISTENSON, District Judge.

The complaint contains three counts based respectively upon publications in various newspapers. Defendant has moved for a dismissal of each count on the ground that it fails to state a claim upon which relief can be granted. The principal contentions of the defendant are: (1) That the alleged defamatory matter is not libelous per se (and that therefore, in the absence of actual malice and special damages, the latter not being pleaded, no’ recovery can be had); (2) That the alleged defamatory material is not libelous per se as to the plaintiffs in any event; and (3)…