John Walden, Jr., Appellee, v. Petroleum Transit Company, Inc. and J. H. Burton, Appellants, 361 F.2d 309 (4th Cir. 1966)

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U.S. Court of Appeals for the Fourth Circuit - 361 F.2d 309 (4th Cir. 1966) Argued April 8, 1966
Decided May 2, 1966

Sam'l J. T. Moore, Jr., Richmond, Va. (Calvin F. Major, and Shewmake, Gary, Goddin, Blackwell, Elmore & Belcher, Richmond, Va., on brief), for appellants.

Arthur M. Baugh, Richmond, Va., on brief for appellee.

Before SOBELOFF, BRYAN and J. SPENCER BELL, Circuit Judges.

PER CURIAM:


Upon consideration of the record, we are fully persuaded that the letter complained of, written by defendant to plaintiff's employer, was a qualifiedly privileged communication. As there was no evidence of malice, it cannot be the basis of a recovery. We are therefore obliged to reverse the judgment for the plaintiff and order judgment to be entered in favor of the defendant.

Reversed.