MARIANA v. HEARST MAGAZINES


122 F.Supp. 506 (1954)

MARIANA v. HEARST MAGAZINES, Inc., et al.

United States District Court S. D. New York.

July 12, 1954.


Attorney(s) appearing for the Case

Parker, Duryee, Benjamin, Zunino & Malone, New York City, for plaintiff.

McCauley & Henry, New York City, for defendants.


EDELSTEIN, District Judge.

In an action for libel, defendants move for dismissal on the ground that the complaint fails to state a claim upon which relief can be granted. The publication complained of appeared in the "Cosmopolitan" magazine of the defendant Hearst Magazines, Inc., and was entitled "The Disgraceful Flying Saucer Hoax." The article treated of the fraudulent character of reports of "flying saucers" and attributed to "pranksters, half-wits, cranks, publicity...

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