Citations

Full opinion text

OPINION

GERALD J. WEBER, District Judge.

This is a motion to dismiss Plaintiff’s Amended Complaint or in the alternative to strike certain counts.

This action stems out of an alleged conspiracy by the corporate defendant through its corporate officers, two of whom, Ross B. Nason and Charles O. Koch, are also defendants. In his original complaint, plaintiff alleges that on August 3, 1966 he was summarily dismissed from his employment by Messrs. Nason and Koch, the individual defendants, and alleges that since that time said individual defendants have conspired wilfully and intentionally to make false and defamatory statements about plaintiff calculated to injure his good name, reputation, business and profession and to keep plaintiff from procuring other employment.

Plaintiff instituted suit against these defendants by filing his complaint August 1, 1968, which purported to aver the above allegations. Defendants moved to dismiss the complaint for the reason that the plaintiff was barred by the applicable Pennsylvania Statute of Limitations. By order of this court dated October 7, 1968 we required plaintiff to amend his complaint to plead more fully acts or actions which occurred within one year of the filing of the complaint and to allege more fully those acts or actions which would indicate a conspiracy to defame, or a conspiracy to injure a person in his profession or occupation.

Plaintiff has amended his complaint as required and defendants again move for a motion to dismiss