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Dyer v. MacDougall

United States Court of Appeals for the Second Circuit
201 F.2d 265 (2d Cir. 1952)


Facts

Dyer (plaintiff) brought a suit for slander against MacDougall (defendant). Dyer claimed that: (1) MacDougall said to Almirall that Dyer sent a letter to the shareholders of the Queensboro Corporation that blackmailed MacDougall; and (2) MacDougall’s wife, as MacDougall’s agent, said to Dyer’s sister-in-law, Mrs. Hope, that Dyer had “written and sent out a blackmailing letter.” In affidavits and a deposition, MacDougall and his wife denied making the statements and Almirall and Mrs. Hope denied hearing the statements. The trial court granted summary judgment to the defendants on the grounds that Dyer had no evidence to bring at trial that could sustain his claim. Dyer appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hand, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Frank, J.)

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