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MORRIS KLEIMAN and Others, Copartners, Doing Business under the Firm Name and Style of KLEIMAN KAPLAN, Respondents, v. BEECH-NUT PACKING COMPANY, Appellant.

PER CURIAM.

The gravamen of a cause of action for slander is the utterance of defamatory matter in the hearing of at least one person. The complaint here charges that the defamatory matter was uttered "in the presence and hearing of divers persons including agents and representatives of firms with whom plaintiffs had been dealing and with whom they had good credit * * *." In view of this allegation defendant is entitled to know the names of the persons plaintiffs claim heard the defamatory matter.

The order appealed from should be modified by granting item 1 in full, and as so modified affirmed, without costs.

PER CURIAM.

Order, so far as appealed from, unanimously modified by granting item 1 in full, and as so modified affirmed, without costs. Verified bill of particulars to be served within ten days after service of order.

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KLEIMAN v. BEECH-NUT PACKING CO
(May 31, 1940)