Dyer v. MacDougall case brief summary
201 F.2d 265 (2d Cir. 1952)
Plaintiff appealed a judgment of a
United States district court that granted summary judgment in favor
of defendants and dismissed two counts of plaintiff's action that
alleged libel and slander.
CASE FACTS Plaintiff sued defendants for libel and
slander. Defendants submitted affidavits in which they denied the
utterance of the slanders attributed to them. The trial court gave
plaintiff the opportunity to depose defendants; however, plaintiff
chose not to do so. The trial court granted defendants' motion for
summary judgment as to the slander counts. On reargument, the court
again decided that the slander counts should be dismissed.
held that summary judgment was proper because defendants proved that
plaintiff would not have enough evidence to go to the jury on the
issue of slander.
Plaintiff's wife's affidavit was not admissible
because it contained hearsay, and the excited utterance exception did
not apply because the interval between the alleged exciting event and
utterance could have been as long as two months.
other witnesses by whom he could prove slander were defendants, who
would deny the slanders were uttered.
CONCLUSION The district court's judgment granting
summary judgment in favor of defendants on the slander counts were
affirmed because defendants proved that plaintiff did not have enough
evidence to raise a genuine issue of fact regarding the slander
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