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SIDIS v. F-R PUB. CORPORATION

34 F.Supp. 19 (1938)

SIDIS v. F-R PUB. CORPORATION.

District Court, S. D. New York.

December 20, 1938.

Attorney(s) appearing for the Case

Thomas H. Greene and William E. Russell, Jr., both of New York City, for plaintiff.

Greenbaum, Wolff & Ernst, of New York City (Morris L. Ernst, Alexander Lindey, and Harriet F. Pilpel, all of New York City, of counsel), for defendant.

GODDARD, District Judge.

This is a motion by the defendant to dismiss the first and second causes of action set forth in the complaint on the ground that they failed to state a claim upon which relief can be granted within the meaning of subdivision (b) of Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The defendant, F-R Publishing Corporation, is the publisher of a magazine "The New Yorker" which has a general circulation...

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