Citations
- 63 F. Supp. 744
Full opinion text
SWEENEY, District Judge.
This is a motion for summary judgment filed by the defendant under the Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c, on the ground that the plaintiff’s cause of action is barred by the statute of limitations. The action is for libel and was commenced in the Suffolk Superior Court in • the Commonwealth of Massachusetts by a writ dated January 22, 1945. Defendant removed the case to this court because of diversity of citizenship.
The pleadings and affidavits in support of the motion reveal that the alleged libel appeared in the issue of Newsweek magazine, which is published by the defendant, dated January 24, 1944. On January 17, 1944, the final pages o