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.


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.