OGDEN V. ASSOCIATION OF THE U.S. ARMY
U.S. Dist Ct., D.C., 177 F.Supp. 498 (1959)
NATURE OF THE CASE: Association (D) sought summary judgment against Ogden (P) in action
for libel alleging that D printed defamatory statements about him in a book published four
years earlier, on grounds that action accrued at time of first publication and one-year
statute of limitations had run.
FACTS: D pursuant to a contract with the United States published a book in 1954 entitled,
'Combat Actions in Korea'. This work contained some adverse criticisms on the handling of a
platoon which it was said P commanded during one of the engagements in Korea. The suit in
libel was filed almost four years later and well beyond the one-year statute of limitations.
D moved for a summary judgment based on the statute of limitations. The court granted
summary judgment to D, adopting the 'single publication' rule, that publication of
defamatory matter gives rise to one cause of action which accrues at the time of original
publication, and that the statute of limitations runs from that date. This position rejected
the common law rule that every sale of a copy of the publication created a new cause of
action. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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