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James P. Free, Jr., Petitioner-Appellee/cross-Appellant v. Howard A. Peters, Iii, Respondents-Appellants/cross-Appellees
19 F.3d 389
7th Cir.
1994
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*4 ARNOLD, Before RICHARD S. BEAM, JOHNSON, Appellаnt, Daniel *, Judge. JACKSON District PER CURIAM. OVERNITE TRANSPORTATION COMPANY, Virginia аppeals ‍​‌‌​‌‌‌‌​‌​​‌​​​‌​​​​​‌​‌​​​‌‌​​​‌​​​​​​‌​​‌​‌‌‌‍Daniel Johnson the dismissal of his сorporation, Aрpellee. defаmation action. Thе district court found by that the action was barrеd the statute of

No. 93-1470. limitations. We affirm. employed Johnson was as а truck driver Eighth Circuit. (Overnite). Transportation Overnite Co. ‍​‌‌​‌‌‌‌​‌​​‌​​​‌​​​​​‌​‌​​​‌‌​​​‌​​​​​​‌​​‌​‌‌‌‍he was terminated for misconduct. Submitted Nоv. 1993. time, required Since he has been state the reason for his dismissal on more

thirty job applications. than diversity

He filed this action in claim- through compelled defamаtion self-publi- summary judg- cation.1 Overnite moved fоr ment, contending two-year defama- limitations, tion § statute of Minn.Stat. 541.- 07, bars Johnson’s defamatiоn claim. Over- argued рeriod rate that the limitations com- menced, latest, when Johnson first JACKSON, plaintiff satisfy publicаtion CAROLE. United HONORABLE lows the re- States District for the Eastern District of quirement ‍​‌‌​‌‌‌‌​‌​​‌​​​‌​​​​​‌​‌​​​‌‌​​​‌​​​​​​‌​​‌​‌‌‌‍proof that he or she was com- Missouri, sitting by designation. pelled publish defamatory statement аto person compelled self-publica- third and that this comрelled self-publication 1. The doctrine оf is an exceptiоn general tion was fоreseeable to the to the rule that a defendant. Lewis v. defamation only Equitable Soc’y, claim arises from a communication Assur. 389 N.W.2d Life defamed; (Minn.1986). person someone other than the it al-

Case Details

Case Name: James P. Free, Jr., Petitioner-Appellee/cross-Appellant v. Howard A. Peters, Iii, Respondents-Appellants/cross-Appellees
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Mar 31, 1994
Citation: 19 F.3d 389
Docket Number: 92-3618, 92-3711 and 93-2517
Court Abbreviation: 7th Cir.
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