This section contains the nature of the case and procedural background.

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.

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