Testing Systems, Inc. v. Magnaflux Corp U.S. Dist. Ct., E. Dist. Of Pa.,

251 F.Supp. 286 (1966)

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Nature of the Case

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Facts

P and D are engaged in the manufacture and sale of equipment, devices, and systems, including chemical products, for use in the non-destructive testing of commercial and industrial materials. P alleges that both written and oral statements about P's product were circulated by D to current and prospective customers. P alleges that D published a false report to the effect that the United States Government had tested P's product, and found it to be only about 40% as effective as D's. Further, at a convention, D's agent said that P's 'stuff is no good,' and that 'the government is throwing them out.' P sued D in trade libel. D moved to dismiss because D did no more than make an unfavorable comparison of Ps product with its own; and P has failed to allege his damages with the required specificity.