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Keywords

contractplaintiffdefendantaffidavitsummary judgment
contractplaintiffdefendantsummary judgmentcorporation

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Pulvermann v. A.S. Abell Co., 228 F.2d 797

Facts

The plaintiffs, Westbrook and Pulvermann, were involved in a government contract for tungsten sales and were publicly accused of misconduct during the 1952 political campaign. Westbrook was dismissed from his position with the Democratic National Committee after the publication of an article that reported on his involvement in the contract. The article included comments from General Eisenhower and referenced the plaintiffs as 'five percenters' and engaged in 'crookedness', leading to the libel claims against the newspaper.

The publication complained of was an Associated Press article based in large part upon an article which had appeared in the New York Herald-Tribune and was a comprehensive factual report of the discharge of plaintiff Westbrook from his position with the Democratic National Committee on account of his having negotiated, along with plaintiff Pulvermann, a contract with the government for a Portuguese corporation for the sale of tungsten under which Westbrook and Pulvermann were to receive a commission of 5% on sales.

Issue

The main legal issue was whether the newspaper's publication of the article constituted libel and whether it was protected by a qualified privilege.

The main legal issue was whether the newspaper's publication of the article constituted libel and whether it was protected by a qualified privilege.

Rule

The court applied the principle that publications concerning matters of public interest, particularly during a political campaign, are qualifiedly privileged unless express malice is shown.

The court applied the principle that publications concerning matters of public interest, particularly during a political campaign, are qualifiedly privileged unless express malice is shown.

Analysis

The court found that the article was a factual report on a matter of public business, specifically the dismissal of a political party official due to allegations of misconduct related to a government contract. The court determined that the statements made in the article were not false and were made in the context of public interest, thus qualifying for protection under the privilege of fair comment. The absence of express malice was established through affidavits from the managing editor and assistant managing editor, who had no personal knowledge of the plaintiffs and acted without malice.

The court found that the article was a factual report on a matter of public business, specifically the dismissal of a political party official due to allegations of misconduct related to a government contract.

Conclusion

The court affirmed the summary judgment in favor of the defendant newspaper, concluding that the publication was protected by qualified privilege and that there was no evidence of express malice.

The court affirmed the summary judgment in favor of the defendant newspaper, concluding that the publication was protected by qualified privilege and that there was no evidence of express malice.

Who won?

The defendant newspaper prevailed in the case because the court found that the publication was qualifiedly privileged and there was no express malice.

The court affirmed the summary judgment in favor of the defendant newspaper, concluding that the publication was protected by qualified privilege and that there was no evidence of express malice.

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